Neutral Citation No. - 2025:AHC:51118 Court No. - 71 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43453 of 2024 Applicant :- Sanee Opposite Party :- State Of Up And 3 Others Counsel for Applicant :- Omvir Singh Rajpoot Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1.Heard leaned counsel for the applicant-accused, learned A.G.A. for the State and perused the record. 2. The present second bail application has been filed by the applicant-accused in Session Case No. 380 of 2022 (State v. Sanee) arising out of Case Crime No. 132/2022, under Sections 376, 452, 305 IPC and Sections 3/4 of POCSO Act, Police Station- Jaithara, District- Etah with the prayer to enlarge the applicant- accused on bail. 3. The first bail application of applicant was rejected by this Court vide order dated 31.01.2024, which is reproduced as under :- "1. Supplementary affidavit filed in Court today, is taken on record. 2. Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A. for the State and perused the material brought on record. 3. The present bail application has been filed by the applicant in case crime No. 132/2022, under Section 376, 452, 305 IPC and Section 3/4 of POCSO Act, police station Jaithara, District Etah with the prayer to enlarge the applicant on bail. 4. It has been argued by learned counsel for the applicant that the applicant-accused is innocent and he has been falsely implicated in this case. As per prosecution version, on 19.04.2022 at about 05:00 PM while the informant reached at his house, the same was found locked from inside and when his nephew went into the house by crossing the wall, it was seen that applicant was committing rape upon the daughter of informant and later on victim committed suicide. Learned counsel submitted that the allegation that applicant has committed rape upon victim/deceased, is wholly false. The part statement of informant has already been recorded before the trial court, wherein, he has inter alia stated that he reached at the spot after receipt of information regarding incident. Further, there is no medical evidence that victim/deceased was subjected to rape. Regarding suicide of deceased, no such article has been seized to show as to how the deceased has committed suicide. Learned counsel further submitted that in fact deceased was having an affair with the applicant which was being opposed by her family members and that she has committed suicide due to that reason. Lastly, it was submitted that the applicant is in judicial custody since 22.04.2022, having no criminal history, and that in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail. 5. On the other hand, learned A.G.A. and learned counsel for the informant have opposed the prayer for bail and argued that the age of victim is about 15 years and there is evidence that applicant was seen committing rape upon the victim/deceased. In this connection, statement of eye witness Pradeep was referred, who has reached inside the house by crossing the wall. It was pointed out that as per evidence, the deceased has committed suicide due to the rape committed by the applicant. The FSL report also shows that deceased was subjected to rape. 6. After considering submissions of learned counsel for the parties, nature of accusations, gravity of the offence and all attending facts and circumstances of the case, no case for grant of bail is made out. 7. Accordingly, the instant bail application filed on behalf of applicant Sanee is rejected. 8. However, keeping in view the period of detention of the applicant, the Trial Court is directed to expedite the trial and to decide the same expeditiously, preferably within a period of nine months from the date of production of copy of the order. 9. A copy of this order be forwarded to the concerned trial court for necessary compliance." 4. Learned counsel for the applicant submitted that the applicant is innocent and he has been falsely implicated in this case. It was stated that the presence of alleged eye-witness- Pradeep at the spot is highly doubtful. The deceased has not sustained any injury. The first bail application of the applicant was rejected on 31.01.2024 and trial court was directed to expedite the trial and to decide the same preferably within a period of nine months but the trial has not been concluded so far. Five witnesses have been examined and total 17 witnesses have been shown in the charge-sheet. Lastly it was stated that the applicant is in jail since 22.04.2022 and in case the applicant is enlarged on bail, he shall not misuse the liberty of bail. 5. Learned AGA has opposed the bail application and submitted that the victim was a 15 years old girl and there is evidence that the applicant has committed rape upon her, due to which she has committed suicide. The FSL report clearly shows that deceased was subjected to rape. 6. Considering the submissions of learned counsel for the parties and all attending facts, without expressing any opinion on merits, no case for grant of bail is made out. 7. Accordingly, the instant second bail application filed on behalf of applicant- Sanee is hereby rejected. Order Date :- 8.4.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad