Neutral Citation No. - 2025:AHC:48901 Court No. - 71 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43789 of 2024 Applicant :- Alok Singh Alias Ghurahu Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Saurabh Kumar Yadav,Sunil Kumar Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record. 2. The present second bail application has been filed on behalf of the applicant in Case Crime No. 197 of 2023, under Sections 376(3) I.P.C. and Section 3/4(2) of POCSO Act, Police Station Balua, District Chandauli with the prayer to enlarge the applicant on bail. 3. The first bail application of the applicant was rejected by this Court vide order dated 02.05.2024, which is reproduced as below:- "1. Rejoinder affidavit filed in the Court today, is taken on record. 2. This bail application has been moved on behalf of the applicant in case crime No. 197 of 2023, under Section 376 (3) IPC and Sections- 3 / 4 of POCSO Act, police station Balua, District Chandauli, with the prayer to enlarge the applicant on bail. 3. Heard learned counsel for the applicant, learned A. G. A. for the State and perused the record. 4. It has been argued by learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in the present case. The allegation that the applicant has molested the victim girl, is wholly false. Learned counsel has referred the statement of victim recorded under Sections-161 and 164 CrPC and submitted that the victim has narrated the alleged incident in a casual manner and attending facts clearly show that no such incident has taken place. Further, medical examination of the victim was not conducted and thus, her version is not supported by any medical evidence. There is delay in lodging the first information report. It was submitted that in fact when the victim has gone to fetch cow milk, she fell down due to cow dung and she has made complaint to the applicant but he was busy in his work and thus, could not pay any heed to the victim. Being annoyed, the victim went to her house and thereafter an altercation has taken place and later on, first information report of this case was lodged by concocting a false story. Applicant is only son of his family having thirty bighas land and he has paid an amount of Rs. 1,00,000/- to one Shanu Singh, who is scribe of first information report, but that amount was not returned. Referring to these facts, it was submitted that the allegations of rape levelled by the victim are wholly false. Lastly, it was submitted that the applicant is in jail since 7.9.2023, having no criminal history, and that in case he is enlarged on bail, he will not misuse the liberty of bail. 5. Learned A. G. A. has opposed the bail application and submitted that the victim is a thirteen years old girl and in her statement she has narrated the entire incident. She has clearly stated that she was molested by the applicant. It was submitted that the allegations levelled by the victim are quite serious in nature and there is no satisfactory reason for false implication of the applicant. 6. Considering the nature of accusations and all attending facts, I do not find it a fit case for grant of bail. 7. Accordingly, the bail application moved on behalf of the applicant Alok Singh @ Ghurahu is rejected." 4. It has been argued by learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in this case. After rejection of first bail application of applicant, the statements of informant and victim have been recorded before the Trial Court. There are contradictions in the statement of victim and informant regarding age of the victim. It was stated that the allegations of rape levelled against the applicant are wholly false and in fact one Shanu Singh, who is scribe of complaint, has concocted a false story regarding the alleged incident. Lastly, it was stated that the applicant is in jail since 07.09.2023 and that in case the applicant is released on bail, he will not misuse the liberty of bail. 5. Learned A.G.A. has opposed the prayer for bail application and submitted that victim is a 13 years old girl and in her statement before the Trial Court she has clearly stated that applicant has committed rape upon her. It was submitted that there are no reason for false implication of the applicant. 6. Considering submissions of learned counsel for the parties, without expressing any opinion on merits, no case for grant of bail is made out at this stage. 7. Accordingly, the present second bail application filed on behalf of applicant is rejected. 8. However, the Trial Court is directed to expedite the trial and to conclude the same as early as possible. 9. A copy of this order be transmitted to the Trial Court concerned for necessary compliance. Order Date :- 5.4.2025 SK Srivastava Digitally signed by :- SAILESH KUMAR SRIVASTAVA High Court of Judicature at Allahabad