HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 36848 of 2024 Court No. - 64 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Sri Raj Kumar Kesari, learned counsel for the applicant, Sri Ram Bali Ram, learned counsel for the first informant/opposite party no. 4, Sri Birendra Pratap Singh, learned A.G.A. and perused the material on record. 3. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Ram Ashish Ram, seeking enlargement on bail during trial in connection with Case Crime No. 100 of 2024, under Section 64 B.N.S. and 3/4 POCSO Act, registered at P.S. Dildar Nagar, District- Ghazipur. 4. The F.I.R. of the matter was lodged on 21.7.2024 by Kartik Ram against the applicant alleging therein that on 20.7.2024 at about 01:00 p.m. the applicant who is resident of his village, came to his house and forcibly established physical relationship with his daughter. He then finding chance ran away. His daughter was alone in the house and he had gone to sell his articles in the market and his wife has gone to the fields. A report be lodged and action be taken. The victim during investigation supported the prosecution case. She is minor girl Versus Counsel for Applicant(s) : Aijaz Ahmad Khan, Raj Kumar Kesari Counsel for Opposite Party(s) : G.A., Ram Bali Ram Ram Ashish Ram .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) aged about 15 years. 5. Learned counsel for the applicant argued while placing supplementary affidavit dated 17.5.2024 submitted that trial in the present matter has started in which Kartik Ram/the first informant has been examined as P.W.-1 and the victim has been examined as P.W.-2, para no. 2 and 3 and annexure nos. S.A.-1 and S.A.-2 being the statements of P.W.1 and P.W.2 respectively, have been placed before the Court for the same. It is submitted that the victim although has supported the prosecution case in her examination-in-chief before the trial court but in her cross- examination by the defense she states that she does not knows anyone by name of Ramashish and even does not recognize him by face. She took the said name on the saying of villagers. She stated that rape was committed by some other person. It is submitted that the present case is without any credible evidence. It is submitted that the applicant is in jail since 22.7.2024 and only two prosecution witnesses have been examined and as such trial will take time. It is submitted that bail application of the applicant be considered and he be released on bail. The applicant has no criminal history as stated in para-22 of the affidavit. 6. Per contra, learned AGA and learned counsel for the first informant opposed the prayer for bail and submitted that the first informant/Kartik Ram was examined as P.W.-1 before the trial court who has supported the prosecution case. It is submitted that even the victim before the trial has supported the prosecution case in examination-in-chief but in her cross-examination by the defense has given a different version. It is submitted that the same would thus be in the realm of the trial court to appreciate the said evidence at the appropriate stage. It is submitted that the victim is a minor aged about 15 years. The victim in the trial has not contradicted her statements recorded during investigation. 7. After having heard learned counsels for the parties and perusing the records, it is evident that the victim is a minor girl. The trial in the matter has started in which two prosecution BAIL No. 36848 of 2024 2 witnesses have been examined. The victim in her examination-in- chief has fully supported the prosecution case and has stated of the applicant committing rape upon her. Subsequently in her cross-examination by defense she gives a different version and states of not knowing the applicant. The same is for the trial court to appreciate at the appropriate stage. 8. Looking into the facts and circumstances of the case as well as nature and gravity of the offence, I am not inclined to release the applicant on bail. 9. The bail application is, accordingly, rejected. September 19, 2025 Naresh BAIL No. 36848 of 2024 3 (Samit Gopal,J.) Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad