Neutral Citation No. - 2025:AHC:101482 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3961 of 2025 Applicant :- Golu Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Shivam Agarwal Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Shivam Agarwal, learned panel lawyer of the High Court Legal Services Committee appearing on behalf of the applicant, Sri Ajay Singh, learned AGA-I for the State and perused the material on record. 3. This bail application under Section 439 of Code of Criminal Procedure/483 BNSS has been filed by the applicant Golu, seeking enlargement on bail during trial in connection with Case Crime No. 14 of 2024, under Sections 376AB IPC and 5m/6 POCSO Act, registered at P.S. Kankar Kheda, District Meerut. 4. The FIR of the matter was lodged on 05.01.2024 by Smt. Pushpa against the applicant alleging therein that on 04.01.2024 at about 07:00 pm her daughter aged about 8 years was playing outside the house wherein the applicant came and took her on his lap and went to his room on the first floor and closed it and did immoral acts with her. She was searching her daughter on which she saw the said room and saw that the applicant was doing obscene act with her daughter who sent her out and the applicant went hiding under the cot who after seeing her ran away. She informed the police on Dial 112 number. Report be lodged and action be taken. 5. Learned counsel for the applicant submits that as per the prosecution case, the first informant saw the applicant hiding under the cot on the day of the incident i.e. 04.01.2024 but the arrest of the applicant is shown to be on 06.01.2024 which is having no explanation at all. It is further submitted that the victim was not found to have received any external injury over her body while being medically examined by the doctor. It is submitted that charge sheet in the matter has been submitted against the applicant and thus there are no chances of his tampering with evidence. It is submitted that on the said charge sheet dated 26.01.2024 the court concerned has taken cognizance vide order dated 04.03.2024. It is submitted that the applicant has no criminal history as stated in para 15 of the affidavit and is in jail since 06.01.2024. 6. Learned counsel for the State while placing para 3 of his counter affidavit dated 01.04.2025 has submitted that notice has been served on the first informant on 24.01.2025 and the proof thereof is annexed as annexure 1 to the said counter affidavit. While opposing the prayer for bail it is submitted that the applicant is named in the FIR and there are allegations against him. It is further submitted that the victim has also named the applicant as a person who has sexually assaulted her. It is submitted that the victim was found to have received injuries on her private part and the doctor has opined that there are signs seen of recent forceful penetration of the vagina. It is submitted that the prosecution case is supported with medical evidence. It is submitted that the victim is aged about 8 years and she is a minor girl. It is submitted that there is no reason for false implication of the applicant and as such the prayer for bail of the applicant be rejected. 7. After having heard learned counsels for the parties and perusing the records, it is evident that despite service of notice on the first informant no one appears on her behalf. The applicant is named in the FIR. There are allegations against him. The first informant reached the place of occurrence and found the applicant doing obscene act with the victim. The medical examination of the victim shows injury on her private part which reads as under: "Minor erosion present at 6 'o' clock position about 0.5cm x 05cm, dark red in colour, no bleeding." 8. The opinion of the doctor also is that there are signs of recent forceful penetration of the vagina. The prosecution case corroborates with the medical evidence. The applicant is named by the victim in her statements recorded during investigation. The victim is aged about 8 years and she is a minor girl. No ground is made out. I do not find it to be a fit case for bail. 9. Considering the totality of the case in particular, nature of evidence available on record, I am not inclined to release the applicant on bail. 10. The bail application is, accordingly, rejected. 11. Pending application(s), if any, stands disposed of. Order Date :- 1.7.2025 M. ARIF (Samit Gopal, J.) Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad