HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 23828 of 2025 Court No. - 51 HON'BLE RAJ BEER SINGH, J. 1. Supplementary affidavit filed in Court today, is taken on record. 2. Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A. for the State and perused the material brought on record. 3. The present bail application has been filed on behalf of the applicant in case crime No. 27 of 2022, under Sections 376(3), 504, 506 IPC & Section 5/6 POCSO Act and Section 3(2)5 SC/ST Act, Police Station Garautha, District Jhansi with the prayer to enlarge the applicant on bail. 4. It has been argued by learned counsel for the applicant that the applicant- accused is innocent and he has been falsely implicated in this case. It is further stated that as per ossification test report age of victim is 18 years and thus, she has to be treated as a major girl. The School certificate regarding age of victim is not reliable. As per prosecution version, victim has given birth to a child but there is nothing to show that why the victim did not disclose regarding alleged rape while she was pregnant. The first bail application of applicant was rejected by this Court by order dated 06.2.2024 and trial court was directed to expedite the trial and conclude the same within a period of one year but trial has not been concluded so far. As statement of victim has already been recorded before the trial court and thus, there is no possibility of tampering the evidence. It was further submitted that there is no FSL or expert report which may connect the applicnat with incident. Lastly it was submitted that the applicant is in Jail since 04.03.2022, having no criminal history, and in case applicant is enlarged on bail, he will not misuse the liberty of bail. Versus Counsel for Applicant(s) : Jai Singh Parihar Counsel for Opposite Party(s) : G.A., Shailendra Singh Dashrath Badhai .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) 5. Per contra, learned A.G.A. and learned counsel for the informant have opposed the prayer of bail and argued that as per school record, victim was aged less than 15 years and due to the rape committed by applicant, she has become pregnant and she has given birth to child, who is admitted in child care home. It was pointed out that in her statement before the trial court victim has made allegations that applicant has committed rape resultantly, she became pregnant and later gave birth to a child. 6. Perusal of the record shows that as per school certificate, victim is aged about 15 years. However, in the ossification report age of the victim is shown as 18 years. Victim has alleged that applicant used to visit her home and committed rape upon her and resultantly she has become pregnant and later gave birth to a child, who is admitted in a child care home. During trial victim has supported that version. It appears that trial of the case is at advanced stage. 7. Considering submissions of learned counsel for the parties, nature of accusations, gravity of the offence and all attending facts and circumstances of the matter, without expressing any opinion on merits, no case for grant of bail is made out. 8. However, trial court is again directed to expedite the proceedings of trial and to conclude the same as expeditiously as possible preferably within a period of ten months from the date of receipt of copy of this order, provided that there is no other legal impleadment. 9. Accordingly, the instant bail application filed on behalf of applicant Dashrath Badhai is rejected. 10. A copy of this order be transmitted to the concerned trial court for necessary compliance. October 15, 2025 A.N. Mishra BAIL No. 23828 of 2025 2 (Raj Beer Singh,J.) Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad