HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8412 of 2023 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. Case called out. None appears for the complainant. Heard learned counsel the applicant, learned A.G.A. for the State and perused the record. The present application under Section 439 Cr.P.C./483 B.N.S.S. has been filed by the applicant- Viresh seeking bail in FIR/Case Crime No. 44 of 2022, under Sections 376, 323 I.P.C. & Section 5m/6 of POCSO Act, P.S.- Pachdevra, District- Hardoi. Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. The medico legal examination of the victim does not corroborate the prosecution case. Thus, no offence is made out against him. He submits that the applicant is languishing in jail since 12.2.2022 having no criminal history. Learned A.G.A. has vehemently opposed the prayer for bail of the applicant and submitted that the victim was 11 years old student of Class IV at the time of the incident. He submits that in the medico legal examination of the victim, a tear is found present at 6 o'clock position on the private part of the victim and hymen is found absent. Slight bleeding has also been found present. He further submits that the F.S.L. report filed Versus Counsel for Applicant(s) : Arunendra Nath Mishra, Arun Kumar Gupta, Arvind Kumar, Rachna Shukla, Sushil Kumar Gupta Counsel for Opposite Party(s) : G.A. Viresh .....Applicant(s) State Of U.P Thru. Prin. Secy. Home Sectt. Lko And 3 Others .....Opposite Party(s) along with the counter affidavit duly corroborates the prosecution case. The offence is heinous in nature. Thus, no case for bail is made out. It is submitted that five prosecution witnesses have already been examined before the trial court. The trial is likely to be concluded soon. On due consideration to the submissions advanced, perusal of the record, the statements of the victim recorded under Sections 161 and 164 CrPC, the age of the victim at the time of incident and the corroborative medical report of the victim, no case for bail is made out. Accordingly, this bail application is rejected. September 15, 2025 Shravan BAIL No. 8412 of 2023 2 (Karunesh Singh Pawar,J.) Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench