Neutral Citation No. - 2025:AHC:110534 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38384 of 2024 Applicant :- Sikander Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Prakash Chandra Yadav Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Prakash Chandra Yadav, learned counsel for the applicant, Sri V.D. Ojha, learned counsel for the State and perused the material on record. 3. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Sikander seeking enlargement on bail during trial in connection with Case Crime No. 98 of 2024, under Sections 65(2), 75(2), 76 B.N.S. and Section 5M/6 and 7/8 POCSO Act, Police Station Pannuganj, District Sonbhadra. 4. Counter affidavit dated 21.05.2025 of the State is on record in which in para 3, it is stated that information about bail application has been served on the complainant. The proof of service of notice is annexed as annexure no. 1 therein but no one appears on his behalf despite service of notice. 5. The first information report of the matter was lodged on 28.07.2024 by Smt. Seema against the applicant alleging therein that on 28.07.2024 at about 09:15 a.m., her daughter was playing wherein the applicant came and allured her and took her inside the house wherein he enraged her modesty and committed rape upon her. She made a shout on which her Nanad who was going through that place reached the place of occurrence and brought her daughter to home. The police on dial 100 was informed. 6. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. It is submitted that no such incident whatsoever has taken place. It is submitted that the doctor who conducted the medical examination of the victim found hymen to be not torn and thus it cannot be said that there was any sexual assault on the victim. It is further submitted that the applicant is a married person and thus was not at all instrumental in the present matter. It is submitted that the applicant has no criminal history as stated in para 21 of the affidavit and is in jail since 30.07.2024. 7. Per contra, learned counsel for the State vehemently opposed the prayer for bail and submitted that during medical examination, the doctor found slight redness around the vaginal orifice opening and thus there has been sexual assault on her. It is submitted that the victim is aged about 8 years and a child. It is submitted that the applicant is named in the F.I.R. lodged by the mother of the victim and the statements of the victim recorded during investigation. It is further submitted that there is no reason whatsoever for false implication. 8. After hearing the learned counsels for the parties and perusing the records, it is evident that the victim is a child aged about 8 years. She has named the applicant in her statement recorded during investigation. The applicant is named in the F.I.R. The medical examination of the victim shows injuries on her private part. No ground for bail is made out. 9. Accordingly the present bail application is rejected. Order Date :- 10.7.2025 Manoj (Samit Gopal,J.) Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad