Neutral Citation No. - 2025:AHC:107673 Court No. - 5 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6145 of 2025 Applicant :- Pradeep Sahani Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Hirdesh Kumar Yadav,Sushma Yadav Counsel for Opposite Party :- G.A. Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Hirdesh Kumar Yadav, learned counsel for applicant and Sri B.P. Singh, learned AGA. 2. This is second bail application. Applicant is facing trial for offence U/s 363, 376 IPC and Section 3/4 of POCSO Act and he is in jail since 30.11.2022 i.e. about 2 years 8 months. 3. According to status report of trial Court dated 28.04.2025, out of proposed 11 witnesses, 7 have been examined including the applicant, as such, trial has much proceeded. 4. Learned counsel for applicant submits that victim has taken a u-turn from her statement made U/s 164 Cr.P.C. during testimony before trial Court and made an allegation of rape against the applicant. She was confronted with statements recorded U/s 164 Cr.P.C. and she has not denied its contents; he further submits that age of victim was opined about 18 years on 06.12.2020, as such, she is an adult girl. 5. Per contra, learned AGA has opposed the bail and submits that statement of victim is absolutely against applicant and at that stage, Court may not enter into an issue whether the girl is major or not. 6. I have considered above submissions and perused the records. 7. It is not disputed that as referred above, statement of victim is against the applicant. Only on basis of medical report, no definite opinion could be given that victim was a major girl as well as that trial has now much proceeded, therefore, this Court does not find any ground to consider prayer for bail at this stage. 8. Bail application is, accordingly, rejected. 9. However, a liberty is granted to applicant to approach this Court or trial Court, as advised, along with fresh status report if the trial is not concluded within a period of six months. Order Date :- 8.7.2025 N. Sinha Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad