Neutral Citation No. - 2025:AHC:47794 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12032 of 2023 Applicant :- Maigar Madhesiya Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Chandan Kumar Jaiswal,Pankaj Kumar Yadav,Pankaj Srivastava Counsel for Opposite Party :- Arvind Prabodh Dubey,Ashok Kumar Giri,G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Sri Pankaj Kumar Yadav, learned counsel for the applicant, Sri Naushad Alam, Advocate holding brief of Sri Ashok Kumar Giri, learned counsel for the first informant and Sri Ram Prakash Shukla, learned counsel for the State are present and have been heard and perused the record. 3. This second bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Maigar Madhesiya, seeking enlargement on bail during trial in connection with Case Crime No.432 of 2020, under Sections 363, 302, 376 I.P.C. and 3/4 POCSO Act, registered at Police Station Turkpatti, District Kushinagar. 4. The first bail application of the applicant was dismissed in non prosecution by the Court vide order dated 30.07.2021 passed in Criminal Misc. Bail Application No.27301 of 2021. 5. The first information report of the matter was lodged on 27.11.2020 by Munna @ Manoj Kushwaha under Section 363 IPC against unknown person alleging therein that on 27.11.2020 at about 5:30 p.m., his daughter was coming from the field on her cycle carrying some food stuff. Near the house of Fagoo Kushwaha her cycle and the articles were found but the girl was not there. She was searched a lot but could not be traced. She is a minor girl. Some untoward incident may occur. The report be lodged and action be taken. The investigation in the present matter started in which the applicant was made as an accused, subsequently charge sheet dated 20.12.2020 was submitted against the applicant for offences under Sections 363, 302, 376 I.P.C. and 3/4 POCSO Act and against Ram Chandra Gupta under Section 216 I.P.C. The dead body of the deceased was recovered and doctor conducting the post mortem examination found one incised wound, two multiple abrasions, labia majora and minora of both side lacerated, hymen raptured and an abrasion on her body. The cause of death was opined as hammorhage shock as a result of ante mortem injury. 6. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the applicant is not named in the first information report. It is further submitted that the trial in the present matter has started in which although Awadhesh Kumar Kushwaha and Pitambar Kushwaha the alleged eye witnesses have been examined as P.W.5 and P.W.4 respectively but even the said witnesses have stated that they saw the applicant running away but did not state of the fact that the applicant committed rape forcibly. It is submitted that there is no credible evidence against the applicant. It is next submitted while placing paragraph no.3 of the supplementary dated 21.03.2025 that the applicant is involved in one other case in which he is on bail. It is further submitted that the applicant is in jail since 30.11.2020. 7. Per contra, learned counsel for the first informant and learned counsel for the State vehemently opposed the prayer for bail and submitted that in the present case, the minor girl was kidnapped, raped and murdered. It is next submitted that on the pointing out of the applicant, a knife was also recovered. It is further submitted that the trial in the present matter is at a very advanced stage as twelve prosecution witnesses have already been examined and the testimony of the Investigating Officer is being recorded. It is further submitted that the post mortem examination of the deceased goes to show that she was raped and then murdered as she was found to have received injuries on her private parts and then there were injuries due to which she died. It is submitted that the bail of the applicant be rejected. 8. After having heard, learned counsels for the parties and perusing the records, it is evident that the implication of the applicant in the present case has surfaced during investigation, a knife is alleged to have been recovered on the pointing out of the applicant. The deceased was found to have received incised wound also. The post mortem examination shows that she was raped and then murdered. The trial is at an advanced stage. Looking to the nature of the evidence, the gravity of the incident, it is not a fit case for bail, the bail application is, accordingly, rejected. Order Date :- 2.4.2025/Shivangi (Samit Gopal,J.) Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad