HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 41114 of 2024 Court No. - 64 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Sri Anil Kumar Pandey, learned counsel for the applicant, Sri Yadvesh Yadav, learned counsel for the first informant, Sri Ajay Singh, learned counsel for the State and perused the material on record. 3. This bail application under Section 483 of BNSS has been filed by the applicant-Gajendra, seeking enlargement on bail during trial in connection with Case Crime No.196 of 2024, u/s 65(2), BNS and Section 5 M/6 POCSO Act and Section 3(2)5 SC/ST Act and Section 11 Animal Cruelty Prevention Act, P.S. Ahmadgarh, District Bulandshahr. Order on Short Term Bail Application No.4 of 2025:- 4. There is a short term bail application no.4 of 2025 dated 27.5.2025. 5. Learned counsel for the applicant submits that the said short term bail application be dismissed as not pressed. The same is allowed. 6. The short term bail application is dismissed as not pressed. The Court proceeds to hear the matter on merits. Order on bail application:- 7. The FIR of the matter was lodged on 13.8.2024 by Naurangi against the applicant alleging therein that on 12.8.2024, his daughter aged about 10 Versus Counsel for Applicant(s) : Anil Kumar Pandey, Satyendra Narayan Singh, Tarun Kumar Sharma Counsel for Opposite Party(s) : G.A., Yadvesh Yadav Gajendra .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) years was in the enclosure of the house wherein the applicant reached there as he used to visit the village and his house. He kissed his daughter on her lips and also touched her private parts. He then indulged in unnatural sex with her. He also fingered a goat which was tied there. A video of the said incident was also made. A report be lodged and action be taken. 8. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is further argued that the entire prosecution story is false, incorrect and with malafide intentions. The story as narrated in the FIR and also reiterated by the victim in her statements during investigation is a concocted story. It is further argued that the victim was examined before the trial court who stated that she was told by her family members on which she gave her statement. The same goes to show that the present case is based on the evidence of the victim which is tutored. There is ample reason for conspiracy against the applicant and his false implication. It is further argued that there was no reason for the applicant to go to the house of the victim as the applicant was the officer posted in the village. It has also been pointed out that the applicant is not having any criminal history as stated in para 23 of the affidavit and is in jail since 13.8.2024. 9. Per contra learned counsel for the first informant and learned counsel for the State vehemently opposed the prayer for bail and argued that the trial in the matter is at an advance stage and the evidence of entire prosecution has been recorded and after statement of the accused, the same is at the stage of defence evidence. The applicant is named in the FIR and in the statements of the victim recorded during trial. The victim has also named the applicant in her statement before the trial court and has levelled the allegation of sexual assault on her, 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 applicant is named in the FIR and in the statements of the victim. The victim during trial has also named the applicant and levelled the allegation of sexual assault against him by corroborating the version of the FIR. The trial in the matter is at an advance stage and the evidence of entire prosecution has been recorded and after statement of the accused, the same is at the stage of defence evidence. The victim is a child aged about 10 years. BAIL No. 41114 of 2024 2 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. 12. However, the trial court is directed to ensure expeditious disposal of trial without granting unnecessary adjournments to any of the parties. September 19, 2025 Gaurav Kuls BAIL No. 41114 of 2024 3 (Samit Gopal,J.) Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad