Neutral Citation No. - 2025:AHC:26135 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44426 of 2024 Applicant :- Santosh Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Devendra Pratap Singh,Dinesh Bahadur Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri P.K. Singh holding brief of Sri Dinesh Bahadur Singh, learned counsel for applicant and Ms. Ifra Islam, learned A.G.A. for the State. 3. The present bail application has been filed by the applicant in Case Crime No.0268 of 2024, under Section 376 (AB) of IPC and Section 5m/6 POCSO Act, Police Station Kotwali, District Ghaziabad, with the prayer to enlarge him on bail. 4. Learned counsel for the applicant has submitted that the applicant is stated to have sexually assaulted the daughter of the informant aged about 4 years on 10.06.2024. FIR is delayed by about three days and there is no explanation of the said delay cause. It is a clear cut case of false implication as the applicant is the tenant of the informant and the landlord wanted to get the house vacated and instant FIR has just been instituted for getting the house vacated by the informant. The injury that is stated to have been observed by the doctor can be self inflicted as only redness has been observed in labia minora. There is no other material injury observed by the doctor. Learned counsel has stated that Magistrate has satisfied himself before examining the victim under Section 164 Cr.P.C. but the same has not been executed by the investigating officer at the time of recording her statement under Section 161 Cr.P.C. 5. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. The applicant is languishing in jail since 13.06.2024, having no criminal history to his credit, deserves to be released on bail. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial. 6. Per contra, learned State Law Officer has vehemently opposed the bail application on the ground that the victim has sustained injuries as her age is four years only. It cannot be inferred that any such offence has not occurred but in the present non-permissive society the informant thinks several times before instituting an FIR that too regarding a girl of tender age. 7. After hearing learned counsel for the parties and taking into consideration the fact that the injuries sustained by the victim at her tender age, I do not find it a fit case for grant of bail to the applicant. 8. The bail application is found devoid of merits and is, accordingly, rejected. 9. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 24.2.2025 Priya (Justice Krishan Pahal) Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad