Neutral Citation No. - 2025:AHC:84360 Court No. - 6 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3207 of 2025 Applicant :- Mohd Nazim Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ram Suphal Shukla,Shivendra Shukla Counsel for Opposite Party :- G.A.,Harbansh Prasad Pandey Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Shivendra Shukla, learned counsel for applicant, Sri B.P. Singh, learned AGA for State and Sri H.P. Pandey, learned counsel for informant. 2. This is third bail application. The second bail application of applicant was rejected on 16.05.2024 and relevant part thereof is quoted below :- "7. Learned counsel for applicant is not able to deny that subsequently victim in her statement has supported case of prosecution so far as allegation of rape is concerned. So far as other argument with regard to consensual relationship is concerned, it has no legal basis since Court takes note the submission of learned AGA in this regard that consent of a minor, if any, is immaterial. 8. In aforesaid circumstances, considering the nature of evidence before Trial Court which appears to be against applicant and other submission with regard to dispute of age of victim being subject matter of trial and any comment at this stage would adversely affect the case of either party before Trial Court, I do not find it a fit case to enlarge applicant on bail." 3. In pursuance of an order passed by this Court, trial Court has submitted status report dated 27.02.2025 that out of 6 proposed witnesses, 5 have been examined and last witness PW-6 I.O. has been summoned and trial could be concluded within a short period. 4. Learned counsel for applicant refers statement of Principal and submits that if her statement is considered, the victim may be a major girl, therefore, applicant may be released on bail. 5. Per contra, learned AGA has opposed the bail and submits that since victim has passed high school and her age mentioned in high school certificate would be relevant and according to which, victim was a minor girl when occurrence took place. 6. I have considered above submissions and perused the records. 7. As referred above, trial is at fag end and applicant is in jail since 12.10.2022 i.e. about 2 years and 7 months, however, considering that evidence of victim is against the applicant that according to high school certificate, she was minor when occurrence took place. 8. In view of above, Court does not find any ground to consider prayer for bail at this stage. Accordingly, bail application is rejected. 9. However, in case trial is not concluded within 6 months, the applicant will be at liberty to approach this Court or trial Court for bail along with status. Order Date :- 20.5.2025 Sinha_N. Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad