Neutral Citation No. - 2025:AHC-LKO:37560 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11581 of 2024 Applicant :- Umesh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And 3 Others Counsel for Applicant :- Gyanendra Pathak,Shreesh Kumar Mishra Atal Counsel for Opposite Party :- G.A.,Gaurav Shukla,Vivek Shukla Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned Additional Government Advocate for the State, learned counsel for the complainant and perused the record. It is alleged in the prosecution case that on 9.4.2024 at about 2.00p.m., the applicant enticed away 8 year old son of the informant and had carnal intercourse with him. Learned counsel for the applicant submits that the applicant is innocent. He is only 19 years old. He is in jail since 21.4.2024. The applicant has no previous criminal history. It is further submitted that examination of P.W.1 and P.W.2 has been completed and there is no possibility of tampering the evidence. It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. and complainant's counsel, per contra, opposed the prayer for bail and submits that the offence is heinous. The victim of occurrence is 8 year old boy who has supported the prosecution case in his statements under sections 161 and 164 CrPC. The medical corroborates the prosecution story. There are two injuries on the anus of the victim. It is not a case of false implication. I have considered the submission and perused the injury report of the injured and the statements of the given under sections 161 and 164 CrPC. The following injuries have been sustained by the injured : "Injury No.1 : Lacerated wound 1.3 CM x 0.3cm perinal region, irregular margin, skin deep, anterior to anal canal (12 O' clock) Injury No.2 : Lacerated wound 1.3x0.3 cm on perinal region, irregular margin, skin deep, posterior to anal canal (6 O'clock)." The victim in his statement under sections 161 and 164 CrPC has made specific allegation against the applicant for committing the crime. The offence under section 5(m)/6 POCSO Act is punishable with minimum punishment of 20 years and maximum of life or death sentence. It is a heinous offence. The prosecution witnesses who have been examined during trial have supported the prosecution case. Considering the gravity of the offence, the punishment provided therein as also the statements of the victim and the injury report, I am not inclined to enlarge the applicant on bail. The bail application filed in case crime No.189 of 2024 under sections 377 I.P.C., 5(m)/6 POCSO Act, P.S. Motipur, district Bahraich is accordingly rejected. Order Date :- 3.7.2025 kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench