HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35701 of 2024 Court No. - 65 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. List revised. None appears on behalf of informant, though name of counsel on behalf of informant is printed in the cause list. 2. Heard learned counsel for the applicant as well as Rajendra Singh, learned A.G.A. for the State and perused the record. 3. By means of the instant bail application, the applicant-Sumit Ahirwar, seeks bail in Case Crime No. 194 of 2023, under Sections 376(A)(B), 323, 363 I.P.C. read with Section 5m/6 of Protection of Children From Sexual Offences Act, Police Station Samathar, District Jhansi. 4. The applicant is named in the F.I.R. The F.I.R. alleges that when the informant does not find her minor daughter aged about three years he started search her then some villagers told him that they had seen the applicant was taking her daughter towards outside of village and when he reached at the spot she found lying unconscious in an agricultural field and the applicant was seen fleeing away from the spot and blood was seen oozing from her private parts. 5. Learned counsel for the applicant submits that in her statement recorded under Section 161& 164 Cr.P.C. she made allegation of rape against the applicant. The alleged incident took place on 18.12.2023 and the victim was examined on 20.12.2023. Learned counsel further submits that false and frivolous allegation has been made against the applicant. No such occurrence took place and he has been falsely implicated in the case due to village rivalry. The applicant is languishing in jail since 20.12.2023, having no criminal history. 6. Per contra, learned A.G.A. has opposed the prayer for bail of applicant by contending that the applicant has committed heinous act of commission of rape with minor girl of three years, who in her both the statements had made specific allegation Versus Counsel for Applicant(s) : Om Prakash Yadav Counsel for Opposite Party(s) : Anil Kumar Singh, Dhirendra Kumar Verma, G.A., Gaurav Tiwari, Srawan Kumar Swarnkar, Tripuresh Singh Sumit Ahirwar .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) of rape against him, therefore, he does not deserve any indulgence. 7. 7. Keeping in view submissions of learned counsel for the parties, gravity of offence, nature of allegations and all the attending facts and circumstances of the case and considering the fact that the applicant has committed rape of a minor girl of three years as well as there is specific allegation against him, without expressing any opinion on the merits of the case, no case for bail is made out. 8. Accordingly, the bail application of applicant-Sumit Ahirwar is rejected. October 8, 2025 Mustaqeem. BAIL No. 35701 of 2024 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad