Allahabad High Court
RAVIversusSTATE OF U.P.
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The court held that, in the absence of a POCSO charge and given the victim’s voluntary statement of marriage, bail should be granted to the accused subject to conditions.
Summary
The High Court considered a bail application filed by Ravi, who was in custody for Crime No. 171 of 2025 under Sections 137(2) and 87 of the IPC, alleging abduction and marriage of a girl who was claimed to be a minor. Ravi contended that the relationship was consensual, the girl was now his wife, and that no offence under the POCSO Act was framed against him. The State argued that the girl was a minor at the time of marriage, making the marriage void and the alleged abduction a serious offence. The court examined the victim’s statement recorded under Section 183 of the CrPC, which indicated she left home voluntarily and married Ravi of her own free will, and noted that no POCSO charge was pending. Considering the facts, the applicant’s criminal history, and the absence of a POCSO charge, the court granted bail with standard conditions.
Issues considered
- Whether bail can be granted when the accused is alleged to have abducted a minor and married her.
- Whether the alleged marriage to a minor renders the alleged abduction a cognizable offence under the IPC.
- Whether the victim’s voluntary statement under Section 183 CrPC negates the prosecution’s case.
- Whether the absence of a POCSO charge and the applicant’s prior bail in another case justify granting bail.
Legislation cited
Subjects
- bail
- abduction
- minor
- POCSO
- consensual relationship
- marriage void
- Criminal Procedure Code
- Indian Penal Code
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15385 of 2026
Ravi
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Priti Choudhary
Counsel for Opposite Party(s) : G.A.
Court No. - 72
HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Heard, the Learned counsel for the applicant, the Learned A.G.A. for
the State and perused the record.
2. Supplementary affidavit filed by the Learned counsel for the applicant
today in Court, is taken on the record.
3. The instant bail application has been filed with a prayer to release the
applicant on bail in Case Crime No.171 of 2025, under Sections 137(2),
87 B.N.S., Police Station- Chaubepur, District- Kanpur Nagar.
4. The Learned counsel for the applicant submits that the applicant has
been falsely implicated in the present case. The Learned counsel for the
applicant contends that the applicant and the victim were in a consensual
relationship and they are now married and are husband and wife. He
further contends that earlier also the victim had eloped with the applicant
as she was being harassed by her family members, for which a First
Information Report being Case Crime No.65 of 2025, under Sections 87
& 137(2) BNS, was registered against the applicant. The applicant is
currently seeking his bail in the said case and his bail application is
pending consideration of this Court being Criminal Misc. Bail
Application No.9498 of 2026. The Learned counsel for the applicant
contends that the earlier case was converted to one under the POCSO Act
as the victim, at the relevant point of time, was stated to be minor. The
victim again is stated to have been abducted by the applicant in the
present case. However, the applicant never abducted the victim and the
BAIL No. 15385 of 2026
2
victim, who is major has married with the applicant of her own sweet will
and choice and the said marriage has also been registered. The Learned
counsel for the applicant further contends that in the present case, the
statement under Section 183 BNSS has been recorded, in which the
victim has categorically stated that she had left her home after being fed
up with her family members and had married with the applicant. She
claims to be aged about 17 years and 6 months, at the time of her
statement recorded under Section 183 BNSS, which fact is disputed by
the Learned counsel for the applicant claiming that the victim is major.
Even otherwise, the Learned counsel for the applicant contends that the
statement of the victim recorded under Section 183 BNSS does not make
out any offence against the applicant. The applicant has not been charged
for the offence under the POCSO Act and he is in jail since 6.8.2025.
5. The Learned A.G.A. has opposed the prayer for grant of bail and has
contended that the applicant has repeatedly abducted the victim, who is a
minor. Claiming that the applicant had married a minor would not affect
the prosecution version. The marriage itself would be deemed to be void
as the victim was taken out of the custody of her legal guardians at the
time of marriage.
6. I have considered the submissions made by the Learned counsels for
the parties and perused the record.
7. It appears from the perusal of the material on record that the victim has
run away twice with the applicant, for which different cases have been
registered. In the present case, the statement of the victim recorded under
Section 183 BNSS clearly indicates that she had left her home being fed
up with her family members. She stated to have married with the
applicant on her own free will and choice. The applicant is not being
prosecuted in the present case for any offence under the POCSO Act. The
applicant stated to be in jail since 6.8.2025 having a criminal history of
one other case being a case under the Excise Act, in which he is on bail.
8. Taking into account all the facts and circumstances of the case as
discussed above, I deem it fit to enlarge the applicant on bail.
9. The bail application is allowed.
BAIL No. 15385 of 2026
3
10. Let the accused-applicant- Ravi, involved in above mentioned case
crime number be released on bail, on his executing a personal bond and
two reliable sureties each, in the like amount to the satisfaction of the
court concerned, subject to the following conditions:
i. The applicant will not tamper with the evidence.
ii. The applicant will not indulge in any criminal activity.
iii. The applicant will not pressurize/intimidate the prosecution witnesses
and co-operate in the trial.
iv. The applicant will appear regularly on each and every date fixed by the
trial court, unless his personal appearance is exempted by the court
concerned.
11. In the event of breach of any of the aforesaid conditions, the court
below will be at liberty to proceed to cancel his bail.
12. It is made clear that the applicant shall be released on the basis of
computer generated copy of this order, downloaded from the official
website of High Court Allahabad and verified by the concerned counsel
with the undertaking that the certified copy will be filed within 15 days.
13. It is further directed that the trial court shall send the release order to
the concerned jail through Bail Order Management System (BOMS) to
ensure early release of the applicant.
(Rajiv Lochan Shukla,J.)
May 6, 2026
Sachin
Digitally signed by :-
SACHIN TIWARI
High Court of Judicature at Allahabad
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