Neutral Citation No. - 2025:AHC:110268 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36630 of 2024 Applicant :- Sunny Alias Sani Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Piyush Dubey Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Piyush Dubey, learned counsel for the applicant, Sri Ajay Singh learned AGA-I for the State and perused the material on record. 3. This bail application under Section 483 of BNSS has been filed by the applicant-Sunny alias Sani, seeking enlargement on bail during trial in connection with Case Crime No.0053 of 2024, under Sections 65(2) B.N.S. and 5 M/6 POCSO Act, registered at Police Station Bamrauli Katara, District Agra. 4. Notice was issued to the opposite party nos.2 and 4 vide order dated 2.1.2025. As per office report dated 18.3.2025, notice has been served upon the first informant/opposite party no.2 through his wife but no one appears on his behalf even when the matter is taken up in the revised list despite service of notice. 5. Counter affidavit dated 16.1.2025 of the State is on record in which para no.3 of the same states that notice of the present bail application has been served on the informant on 1.10.2024. The proof of service of notice is annexed as annexure no.1 therein but no one appears on his behalf even when the matter is taken up in the revised list despite service of notice. 6. The FIR of the matter was lodged on 12.7.2024 by Jagadish against the applicant alleging therein that on 12.7.2024 at about 8 p.m. his daughter aged about eight years old had gone to bring the calf wherein the applicant pushed her on the ground and committed rape upon her. His younger daughter who had gone with the elder daughter, seeing it, came running to the house while shouting on which wife of the informant reached the place of occurrence and found his daughter lying on the ground and the applicant had run away. She was found having blood in her clothes. A report be lodged and action be taken. 7. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the victim in the medical examination report was found to be twelve years of age. The implication in the present case is without any credible evidence. The F.S.L report does not support the prosecution case. It is further argued that charge sheet in the matter has been submitted on 21.8.2024, para 13 of the affidavit in support of bail application has been placed before the Court. It has also been pointed out that the applicant is not having any criminal history and is in jail since 13.7.2024. 8. Per contra learned counsel State vehemently opposed the prayer for bail and argued that the applicant is named in the FIR and in the statements of the victim recorded during investigation. It is argued that the victim was found to have received injuries on her private parts which reads as under:- "Urethral meatus & vestibule:- Redness +nt, coagulated +nt. Labia Majora:- Redness +nt, coagulated +nt. Fourchette & Introit us:- Redness +, coagulated +nt. Hymen:- Intact. Perineum:- Small tear at 6 O' Clock superficial in nature, bleeding on touch" 9. The same goes to show that there has been sexual assault on the victim, as such bail application of the applicant be rejected. 10. After hearing the counsel for the parties and perusing the record, it is evident that the victim is a minor girl aged about eight years. The doctor found injury on her private parts which have been extracted as above. The case of false implication cannot be accepted. The applicant is named in the FIR and in the statements of the victim recorded during investigation. 11. Looking to the facts and circumstances of the case, I do not find it a fit case for bail, hence, the bail application is rejected. (Samit Gopal, J.) Order Date :- 10.7.2025 Gaurav Kuls Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad