Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:38563 Court No. - 71 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2730 of 2025 Applicant :- Nisar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Mohd Adil,Shahbaz Khan Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.
1. Supplementary affidavit field today is taken on record. 2. Heard learned counsel for the applicant, learned A.G.A for the State and perused the material brought on record. 3. This third bail application has been filed by the applicant- accused in Case Crime No.559 of 2021, under Sections - 376A B I.P.C. and 5M/6 POCSO Act, Police Station- Sigra, District- Varanasi, with the prayer to enlarge the applicant-accused on bail. The first bail application of applicant was dismissed for want of prosecution and the second bail application of the applicant was rejected by this Court on merits vide order dated 08.05.2024. 4. It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. In medical examination report, no injury has been shown on body of victim. Learned counsel has referred statement of victim recorded under Section 164 Cr.P.C. as well as statement recorded before the trial Court and submitted that there is no specific allegation of rape and only it was alleged that applicant has touched private part of victim. It was submitted that applicant is languishing in jail since 30.11.2021, having no criminal history, and that in case applicant is enlarged on bail, the applicant will not
misuse the liberty of bail. 5. Learned A.G.A. has opposed the prayer for bail and submitted that victim is a six years old girl and while she has gone with her grand parents to attend a marriage function, the applicant has molested her. In medical examination report, it was mentioned that there is possibility of recent penetrative sexual assault. The victim has supported the prosecution version in her statement before the trial Court she has clearly stated how she was molested by the applicant. 6. After considering submissions of learned counsel for the parties and all attending facts and circumstances of the case, no case for grant of bail is made out. 7. Accordingly, the instant second bail application filed on behalf of applicant - Nisar is rejected. 8.
However, considering the period of detention of applicant, the trial Court is directed to expedite the trial and to conclude the same as early as possible preferably within a period of 10 months from the date of production of copy of this order. 9. A copy of this order be transmitted to the concerned trial court for necessary compliance. Order Date :- 18.3.2025 RKM Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad