Neutral Citation No. - 2025:AHC:33490 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2807 of 2025 Applicant :- Sameer Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- M J Akhtar,Shahzad Alam Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri V.M. Zaidi, learned Senior Counsel assisted by Sri Shahzad Alam, learned counsel for the applicant and Sri Akhilesh Kumar Pandey, learned counsel for the informant as well as Mr. Ifrah Islam, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 183 of 2024, U/S 363, 376 AB of IPC and Sections 5k, 5m/6 of POCSO Act, Police Station - Gangoh, District - Saharanpur, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have taken away four years old dumb daughter of the informant along with him on 12.05.2024 at about 12 Noon and had committed rape with her. 5. Learned senior counsel for the applicant has argued that it is a clear cut case of false implication. The applicant is innocent and has been falsely implicated in the present case. Learned counsel has further stated that the injuries sustained by the victim on vital part have been created just to keep the applicant behind the bars. The FIR is delayed by about 8 hours and there is no explanation of the said delay caused. 6. Learned counsel has also stated that as per the injury report of the victim, her vaginal smear was sent for chemical analysis and no spermatozoa was found in the said vaginal smear, as such, it is a clear cut case of false implication. The FIR itself indicates that the victim was taken by the applicant with the consent of her father, as such, he is entitled for bail. 7. 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. It is further stated that there is no criminal history of the applicant. The applicant is languishing in jail since 13.05.2024. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial. 8. Per contra, learned A.G.A. as well as learned counsel for the first informant have vehemently opposed the bail application on the ground that there was bleeding found on the vital part of the body of the victim and tear was also present. The said injury cannot be manufactured and that too with a girl of such a tender age of four years, as such, he is not entitled for bail. 9. Considering the facts and circumstances of the case, submissions advanced by learned counsel for the parties, nature of offence, evidence on record, pending trial, complicity of accused, severity of punishment and also considering the injury sustained by the victim and her statement recorded u/s 164 Cr.P.C., at this stage, without expressing any opinion on the merits of the case, this Court is not inclined to release the applicant on bail. 10. The bail application is, accordingly, rejected. 11. However, it is directed that the aforesaid case pending before the trial court be decided expeditiously, in view of the principle laid down in the recent judgements of the Supreme Court in the cases of Vinod Kumar vs. State of Punjab 2015 (3) SCC 220 and Hussain and Another vs. Union of India (2017) 5 SCC 702, if there is no legal impediment. 12. 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:- 7.3.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad