Neutral Citation No. - 2025:AHC:71862 Reserved On:-01.05.2025 Delivered On:-06.05.2025 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45995 of 2024 Applicant :- Stephan Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Amit Daga,Vipul Kumar Singh Counsel for Opposite Party :- Arun Yadav,G.A. Hon'ble Siddharth,J. 1. Heard Sri Amit Daga, learned counsel for applicant; learned AGA for State and perused the material on record. 2. The instant bail application has been filed on behalf of the applicant, Stephan, with a prayer to release him on bail in Case Crime No. 130/2024, under Section- 376-D, 302, 323, 328, 506 of I.P.C., and section 5/6 of POCSO Act, Police Station Hanumanganj, District Kushinagar. 3. There are allegations in the F.I.R., alleged by the mother of the victim, she is poor and helpless woman. On 30.06.2024 at about 01:00 a.m. in the night her daughter went outside the house to ease herself. There the applicant and co-accused, Angad, gagged her mouth and took her to the agricultural field where they committed the offence of rape against her. She is student of class 9th. After catching her hands and legs they forcibly poured some posionous substance in her mouth and beated her. when her daughter started raising alarm, then Munna Yadav, @ Lakdu Yadav, ran towards her. On seeing him, the applicant and co-accused vanished. After the victim came to her house she informed about the entire incident and the fact that her physical condition is deteriorating because of the poisonous substances administered to her. 4. Informant took her to Ravindra Nagar Hospital, immediately where she could not get any relief and she was referred to Medical College, Gorakhpur, where her condition was serious and there was remote possibility of survival. After entrusting his relatives to look after her daughter she went to lodge the report against the applicant and co-accused who had threatened her of dire consequence in case she opens her mouth. 5. Learned counsel for the applicant has made extensive submissions and relied upon number of documents on record which have been opposed by the learned AGA. The applicant is languishing in jail since 14.07.2024. 6. This Court finds that from the statement of the victim recorded under section 161 Cr.P.C., and her dying declaration, there are clear allegations against the applicant and co-accused of forcing them against her, she cried for help, but no one came. She named the applicant and co-accused, Angad, as the persons whose house she knows apart from co-accused, Govind Rahul. She stated that she was administered poison by them. In the viscera report of the deceased filed by learned AGA alongwith counter-affidavit as CA- 1, chlorpyrifos insecticide poison was found in the contents of her stomach intestine, liver, kidney and spleen. It is clearly the cause of death of the deceased. The viscera report of the deceased has also been brought on record by the learned counsel for applicant by way of R.A.-1, but nothing has been stated about the findings given by the doctor regarding presence of poison in the viscera report of the deceased. Trial has already begun. It is not a fit case for grant of bail to the applicant. 7. The bail application is accordingly, rejected. 8. The trial court is directed to conclude the trial against the applicant as expeditiously as possible, as per section 309 Cr.P.C. (new section 346 B.N.S.S.) 9. Registrar(Compliance) is directed to communicate this order to the concerned court below within ten days. Order Date :- 6.5.2025 Abhishek Digitally signed by :- ABHISHEK YADAV High Court of Judicature at Allahabad Digitally signed by :- ABHISHEK YADAV High Court of Judicature at Allahabad