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2025 DAILYLAW 113288 (ALL)

VIRENDRA v. STATE OF U.P. AND 3 OTHERS

BAIL/47214/2024 · 2025-02-10

Saurabh Shyam Shamshery

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:18827 Court No. - 10 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47214 of 2024 Applicant :- Virendra Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Sandeep Kumar Chaurasiya Counsel for Opposite Party :- G.A. Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Atul Gupta, holding brief of Sri Sandeep Kumar Chaurasiya, learned counsel for the applicant, Sri Alok Sharma, learned A.G.A.1st and perused the records. 2. The applicant has approached this Court by way of filing the present Criminal Misc. Bail Application seeking enlargement on bail in Case Crime No.124 of 2023, under Sections 376-A, 376-B I.P.C. and Section 5/6 of POCSO Act, Police Station- Majhola, District-Moradabad. 3.This is the second bail application. First was disposed of vide order dated 19.4.2024. 4. Learned counsel for the applicant is trying to refer examination-in-chief of the victim that it has contradiction despite the fact that opportunity to examine her as well as other witnesses is closed, therefore, all the arguments of learned counsel for the applicant could not be considered since it would be subject matter of trial specifically when the learned counsel for the applicant has not cross-examined all the witnesses including the victim and liberty to cross-examine the victim is closed and applicant has no ground to grant bail. 5. It would be relevant to note that victim aged about 11 years has supported the case of prosecution that applicant a person of 75 years has repeatedly raped her. 6. Second bail application is accordingly rejected. Order Date :- 10.2.2025 SB Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad