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2025 DAILYLAW 12333 (ALL)

ABDUL KAYYUM v. STATE OF U.P. AND 3 OTHERS

BAIL/3647/2025 · 2025-03-03

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:30713 Court No. - 73 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3647 of 2025 Applicant :- Abdul Kayyum Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Atul Kumar Kushwaha Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel appearing for the applicant, learned A.G.A. for the State and perused the entire record. 2. This second bail application has been filed on behalf of the applicant in case crime No. 349 of 2021, under Section- 363, 376 IPC and Sections-3/4 of POCSO Act, police station Khatauli, District Muzaffar Nagar, with the prayer to enlarge the applicant on bail. The first bail application of applicant was rejected by this Court on merits vide order dated 21.03.2024. 3. It has been argued by learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in this case due to property dispute. The allegation of rape levelled against the applicant is wholly false. The victim has not sustained any injury and thus, her version is not supported by medical examination report. After rejection of first bail application of applicant, statement of victim and other witnesses have been recorded. The concerned Doctor has stated that there was no injury on the body of victim. It is further submitted that first bail application of the applicant was rejected by this Court vide order dated 21.03.2024 and trial Court was directed to expedite the trial and to conclude the same as early as possible, preferably within a period of ten months but trial has not been concluded so far. It was submitted that in case applicant is released on bail, he will not misuse the liberty of bail. 4 Learned A. G. A. has opposed the bail application and submitted that victim is a 14 years old girl and applicant is uncle of the victim. In her statement, victim has made clear allegations of kidnapping and rape against the applicant. It was pointed out that while rejecting first bail application of applicant, the trial Court was directed to expedite the trial and to decide the same, preferably within a period of ten months from the date of production of certified copy of the order before the trial Court. Said order has been produced before the trial Court on 12.06.2024 and a period of ten months has not been passed since then. 5. Considering the submissions of learned counsel for the parties and all attending facts and circumstances of the case, no case for bail is made out at this stage. 6. Accordingly, this bail application moved on behalf of the applicant Abdul Kayyum is rejected. 7. However, the trial court is again directed to expedite the trial and to conclude the same as early as possible. Order Date :- 4.3.2025 RKM Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad