Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:13626 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36294 of 2024 Applicant :- Rahul Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Anurag Shukla,Tiwari Ajay Kumar Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicant; learned A.G.A. for the State and perused the record.
2. This is second bail application moved on behalf of the applicant with a prayer to release him on bail in Case Crime No.65 of 2023, under Sections 363, 366, 376D, 506 I.P.C., and Section 3/4 POCSO Act, and Section 3(2)V and 3(2)(v) ka SC/ST Act, P.S. Kudarkot, District Auraiya, during pendency of the trial.
3. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. The allegation levelled in the F.I.R. is false and concocted. It is next submitted that co-accused Mohit has been granted bail by this Court vide
order dated 26.07.2024 passed in Crl. Misc. Bail Application No.47531 of 2023 and applicant is also entitled for bail on the ground of parity. The two fact witnesses have been examined by the trial court. The applicant is languishing in jail since 18.07.2023.The trial court has examined only three fact witnesses. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial.
4. On the other hand, learned A.G.A. vehemently opposed the bail prayer of the applicant and submitted that prosecution is well supported by the statement of the victim recorded under Sections 161 Cr.P.C. and 164 Cr.P.C. Prima facie, offence is made out against the applicant.
5. Considering the submissions of learned counsel for the parties, nature of allegations, gravity of offence and without expressing any opinion on the merits of the case, the Court is of the opinion that it is not a fit case for bail. Hence, the bail application of applicant is hereby rejected.
6. However, the trial court is directed to decide the trial of the case in accordance with law, as expeditiously as possible, without granting any unnecessary or long adjournments to either of the parties, preferably, within a period of nine months from the date of production of a certified copy of this order, if there is no other legal impediment.
Order Date :- 27.1.2025 Meenu Singh Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad