Neutral Citation No. - 2025:AHC-LKO:19553 Court No. - 28 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3883 of 2024 Applicant :- Mohd. Riyaz Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lucknow And 3 Others Counsel for Applicant :- Mithila Bakhsh Tiwari,Aftab Ahamad,Ashish Kumar Singh,Atul Kumar Mishra,Mohammad Alishah Faruqi,Ram Pratap Tiwari Counsel for Opposite Party :- G.A.,Adarsh Mahendra,Vinay Pandey Hon'ble Brij Raj Singh,J. Heard Shri Atul Kumar Mishra, learned counsel for the applicant, Shri M.V.S. Chauhan learned AGA for the State and perused the record. No one is present for the complainant. This is the second bail application. The first bail application was rejected by this Court vide order dated 08.12.2023 passed in Criminal Misc. Bail Application No.1722 of 2023. The present bail application has been filed by the applicant Mohd. Riyaz with a prayer to enlarge him on bail in Case Crime No.0098 of 2022, under Sections 363, 376 I.P.C. and Section 3(2) (v) of SC/ST Act and 3/4 POCSO Act, Police Station Indira Nagar, District Lucknow. It is submitted by learned counsel for the applicant that applicant is in jail since 02.08.2022 and more than two and a half years have passed. He further submitted that statement of prosecutrix which was recorded before the trial Court is contradictory. It is a case of consent therefore, the applicant is entitled to be released on bail. On the other hand, learned AGA has submitted that PW3 prosecutrix has supported the prosecution case and she has specifically stated that for the last five months she was raped by the applicant and she was minor at the time of incident. Learned AGA further submitted that consent of the prosecutrix being minor has no relevance and no benefit can be given to the applicant, therefore, the bail application of the applicant is liable to be rejected. After hearing learned counsel for the parties and considering the argument that the prosecutrix has supported the prosecution case before the trial court; argument that the prosecutrix was minor at the time of incident therefore, this Court is of the opinion that the applicant is not entitled to be released on bail. The application for bail of applicant Mohd. Riyaz is hereby, rejected. Order Date :- 7.4.2025 Pks Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench