HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 4176 of 2024 Court No. - 65 HON'BLE SANJAY KUMAR SINGH, J. 1-Heard learned counsel for the applicant and learned Additional Government Advocate representing the State of U.P. 2-By means of this second bail application, applicant-Gopi @ Gagandeep who is involved in Case Crime No. 53 of 2021, under Sections 363, 366, 376 I.P.C. and Sections 3/4 POCSO Act, Police Station Babugarh, District Hapur seeks enlargement on bail during the pendency of trial. 3-The first bail application of the applicant was rejected by this Court vide order dated 24.02.2023 in Criminal Misc. Bail Application No. 30158 of 2022 on its merit after considering the fact that on the day of incident, victim was a minor child with whom co-accused Faheem and Gopi @ Gagandeep, after enticing her away, made physical relation with her. The victim in her statement under Section 161 and 164 Cr.P.C. had made allegation of rape against the applicant. 4-The submission of learned counsel for the applicant is that co-accused Faheem has been granted bail by the co-ordinate Bench of this Court vide order dated 06.09.2023 in Criminal Misc. Bail Application No. 24155 of 2022, therefore, the applicant who is languishing in jail since 08.11.2021 is also entitled to be released on bail. 5-On the other hand, learned A.G.A. vehemently opposed the submission of learned counsel for the applicant by contending that before the trial court, statement of the victim had already been recorded as PW-2 on 16.11.2022, in which she has made specific allegation of rape on her against Faheem and the present applicant Gopi @ Gagandeep, but co-accused Faheem has been Versus Counsel for Applicant(s) : Amit Rai, Krishna Kant Mishra, Vivek Shukla Counsel for Opposite Party(s) : G.A. Gopi@ Gagandeep .....Applicant(s) State Of Up And 3 Others .....Opposite Party(s) granted bail without considering the statement of the victim recorded before the trial court. It is also submitted that it appears that the order dated 24.02.2023, whereby first bail application of the applicant-Gopi @ Gagandeep was rejected and statement dated 16.11.2022 of the victim recorded before the trial court were not placed before the co-ordinate Bench at the time of hearing of bail application of co-accused Faheem. Lastly it is submitted that in the light of judgment of the Apex Court in the case of Deepak Yadav vs. State of U.P. and Another, (2022) 8 SCC 559, the applicant is not entitled to be released on bail on the ground of parity of such a bail order, in which relevant facts and statement of the victim recorded before the trial court have not been considered. Accordingly, the bail application of the applicant is liable to be rejected. 6-Having heard learned counsel for the parties and examined the matter in its entirety, I find that it is not in dispute that on the day of incident, victim was a minor child. The statement of the victim has already been recorded before the trial court as PW-2 on 16.11.2022, in which she has made specific allegation of rape on her against the present applicant and co-accused Faheem, who has been granted bail without considering the statement dated 16.11.2022 of the victim recorded before the trial court. The offence is heinous in nature and trial of the applicant is proceeding, hence, in the light of judgment of the Apex Court in the case of X vs. State of Rajasthan and Another, 2024 SCC OnLine SC 3539, I do not find any good ground to release the applicant on bail. 7-Accordingly, the bail application is rejected. 8-However considering the detention period of the applicant, the trial court is directed to make an endeavour to conclude the trial of the applicant expeditiously without granting any adjournment to either of the parties. 9-It is made clear that the observation contained in the instant order is confined to the issue of bail and shall not affect the merit of the trial. October 6, 2025 Saurabh BAIL No. 4176 of 2024 2 (Sanjay Kumar Singh,J.) Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad