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2025 DAILYLAW 190621 (ALL)

AJAY SINGH v. STATE OF U.P. AND 3 OTHERS

BAIL/55758/2023 · 2025-10-13

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 55758 of 2023 Court No. - 65 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Heard learned counsel for the applicant, Shri Chandan Singh, learned A.G.A. for the State as well as learned counsel for the informant and perused the record. 2. This is the second bail application moved on behalf of applicant. His first bail application was rejected by this Court vide order dated 26.09.2023 passed in Criminal Misc. Bail Application No. 18057 of 2021. 3. By means of the instant bail application, the applicant-Ajay Singh, seeks bail in Case Crime No. 515 of 2021 (S.S.T. No. 45 of 2021, State Vs. Ajay Singh), under Sections 354-Ka, 354-Ga, 376(3), 386 I.P.C. read with Section 5/6 of Protection of Children From Sexual Offences Act and Section 67 of Information Technology Act, Police Station Rohaniya, District Varanasi, during trial. 4. Learned counsel for the applicant submits that while rejecting the first bail application vide its order dated 26.09.2023 this Court had specifically directed for expeditious disposal of trial, but till date that trial is still proceeding and has not come to its logical end. Learned counsel has drawn attention of the Court to the order dated 18.03.2021 passed by the concerned trial, wherein it has been observed by the trial that since informant's counsel does not support in examination in chief therefore, proceeding of cross-examination is being started. Thus, it has been argued that there is delay on the part of prosecution and there is no likelihood that trial be concluded in near future. The applicant is in jail since 22.09.2020. 5. Per contra, learned A.G.A. as well as learned counsel for the informant have vehemently opposed the prayer for bail by contending that the said order dated 18.03.2021 of the trial court was passed prior to the first bail rejection order of this Court, which cannot be examined at this stage. Versus Counsel for Applicant(s) : Amrita Prakash, Anand Prakash Srivastava, Narendra Singh, Rasmi Khilwani Counsel for Opposite Party(s) : Anurag Vajpeyi, G.A., Praveen Kumar Singh Ajay Singh .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) There appears no fresh ground to consider this second bail application. 6. 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 that applicant has failed to show any fresh ground for considering his prayer for bail after passing of the first bail rejection order, without expressing any opinion on the merits of the case, no case for bail has been made out. 7. Accordingly, the second bail application of applicant-Ajay Singh, is rejected. October 14, 2025 Mustaqeem. BAIL No. 55758 of 2023 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad