Neutral Citation No. - 2025:AHC:68857 Court No. - 6 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37077 of 2024 Applicant :- Siraj Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Vivek Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri S.I. Jafri, learned counsel for the applicant and Sri B.P.Singh, learned A.G.A. 2. Applicant-Siraj has approached this Court by way of filing present bail application seeking enlargement on bail in Case Crime No. 279 of 2022, under Sections 363, 366, 376, 506 IPC and 5/6 POCSO Act, Police Station Teela Mode, District Ghaziabad. 3. This Court has rejected the first bail application by a reasoned order dated 1.5.2024 and the reasons assigned therein is mentioned hereinafter: "7. At this stage, learned counsel appearing for complainant submits that victim has received summons to depose, however, due to unavoidable circumstances she has not appeared before Trial Court and on instruction he submits that on very next date she will appear before Trial Court to record her statement. 8. In aforesaid circumstances, considering nature of allegation against applicant and his long criminal history as well as that there is dispute with regard to date of birth and taking note of undertaking given by learned counsel for applicant on basis of instruction that victim will appear before Trial Court to depose on next date fixed, this application is disposed of with observation that Trial Court concerned shall record statement of victim within a period of three months from today. Thereafter application will have liberty to approach this Court or Trial Court concerned, as advised, alongwith statement of victim and status of trial. 9. Registrar (Compliance) to take steps." 4. In pursuance of an order passed by this Court learned Trial Court has submitted a status report dated 19.4.2025 that out of proposed 8 prosecution witnesses, 3 have been examined including the victim. 5. Learned A.G.A. refers the statement of victim, a minor girl that she has made specific allegations against the applicant that he has committed the offence of rape and despite she was subjected to extensive cross-examination on 23.8.2024, 17.12.2024 and 17.4.2025, she remained consistent and supported the case of prosecution. 6. The applicant is languishing in jail since 28.7.2022 i.e. for about two years and nine months. . 7. This Court while rejecting the first bail application has noted that applicant has a long criminal history (12 criminal cases). However, in the present application in para 22, deponent has declared that "applicant is peace loving and law abiding person and has no criminal history he is in jail since 28.7.2022 and about two years and 02 months have been passed in jail. " 8. Aforesaid declaration made by the deponent is absolutely contrary, since the applicant is an accused in a criminal case arising out of theft, kidnapping, forgery, under N.D.P.S. Act, attempt to murder and rape. 9. In the aforesaid circumstances, since the deponent has made an incorrect statement on oath, therefore, not only this present bail application is rejected, but it is rejected with a cost of Rs.1000/- to be deposited in the High Court Legal Services Committee, Allahabad within six weeks. 10. It also appears that Sri Vivek Singh, learned counsel for the applicant was not careful while drafting the affidavit. Order Date :- 1.5.2025 SB Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad