HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 17453 of 2022 Court No. - 87 HON'BLE SANTOSH RAI, J. 1. List has been revised. Sri Achyut Jee, learned counsel for the informant is not present. 2. Heard learned counsel for the applicant; learned AGA for the State and perused the material placed on record. 3. The instant bail application has been filed on behalf of the applicant Ritesh Gupta with a prayer to release him on bail in Case Crime No.190 of 2021, under Section 377 I.P.C. read with Section 5M/6 of Protection of Children From Sexual Offence Act, 2012, Police Station Bansdeeh Road, District Ballia, during pendency of trial. 4. Learned counsel for the applicant submitted that the applicant has not committed any offence as alleged in the F.I.R. He further submitted that there is a lot of contradictions in the statement of the first informant and his family members. The F.I.R. is highly delayed from the date of incident because occurrence took place on 09.12.2021 whereas F.I.R. has been lodged on 10.12.2021. The victim has not stated anything as stated in the F.I.R. The applicant is in judicial custody since 11.12.2021. 5. Learned A.G.A. vehemently opposed the submission of learned counsel for the applicant and submitted that the applicant has committed very heinous crime against the minor child. In the first information report accused applicant is named. It has been stated in the first information report that he has committed unnatural sex and penetrative sexual assault against the victim. In the statement recorded under Section 164 Cr.P.C. before the Magistrate the victim stated that the accused-applicant has committed Versus Counsel for Applicant(s) : Ram Pravesh Yadav, Shashank Kumar Counsel for Opposite Party(s) : Achyut Jee, G.A. Ritesh Gupta .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) penetrative sexual assault against him. During course of trial before the trial court the victim stated specifically that accused applicant has penetrated his private organ to the anal of the victim. Dr. Dhannajay, who examined the victim, stated in his statement that outer layer of the anal was tortured, and bleeding was present at the time of medical examination. The age of the victim is about 6 years whereas age of the accused-applicant is more than 18 years. The statement of the victim is duly corroborated with the medical evidence. Accused applicant has committed very heinous crime. 6. Without expressing any opinion on merits of the case and considering the submissions advanced by both the parties, the nature of offence, statements of the victim, age of the victim and applicant, medical evidence and gravity of the accusation, I find no good ground to grant bail to the applicant in the aforesaid case. 7. The bail application of the applicant is, accordingly, rejected. 9. The trial Court is directed to proceed the trial in view of Section 309 Cr.P.C. and to conclude the trial expeditiously, from the date of production of certified copy of this order without granting unnecessary adjournment, if there is no legal impediment. October 6, 2025 Asha BAIL No. 17453 of 2022 2 (Santosh Rai,J.) Digitally signed by :- ASHA High Court of Judicature at Allahabad Digitally signed by :- ASHA High Court of Judicature at Allahabad