Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 43738 of 2024 Court No. - 51 HON'BLE RAJ BEER SINGH, J.
1. Heard learned counsel for applicant, learned A.G.A. for State and perused the record. 2. The present second bail application has been filed on behalf of applicant in Case Crime No.31 of 2024, under Sections 363, 366, 376 IPC and Section 3/4 POCSO Act, Police Station Narkhi, District Firozabad, with the prayer to enlarge the applicant on bail. 3. The first bail application of applicant was rejected by this Court vide order dated 05.06.2024. 4. It is submitted by learned counsel for applicant that applicant is innocent and he has been falsely implicated in this case. The allegation that younger victim is aged about 13 years is wholly false and in fact she is a major girl. In her statement under Section 161 Cr.P.C. she has stated that her age is 17 years. It was submitted that before this incident the victim has gone with some other person and returned back after two months. The allegation that applicant has taken away the victim is wholly false and in fact both the victims have gone with co-accused – Shera. Learned counsel has referred statements of victim girls and submitted that in view of their statement it appears that both the victim were major girl. The statement of victim have already been recorded before the trial court. Learned counsel has referred facts of the matter and submitted that a case for bail is made. It was also stated that applicant is in jail since 04.02.2024 and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial. 5. Learned A.G.A. has opposed the bail application and submitted that in the Versus Counsel for Applicant(s) : Brajesh Kumar Singh Counsel for Opposite Party(s) : G.A. Sher Singh .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s)
alleged incident applicant and co-accused persons have enticed away two minor daughters of informant and they were taken to Haryana and they have committed rape upon her. During trial victim girl has supported the prosecution version and made allegations of kidnapping and rape against applicant. 6. Considering the submissions of learned counsel for the parties, nature of evidence, gravity of offence and all attending facts, no case for bail is made out.
The bail application is, hereby, rejected. 7. However, the trial court is directed to expedite the trial and conclude the same as early as possible, preferably within a period of ten months from the date of receipt of a certified copy of this order, provided there is no legal impediment. October 10, 2025 CS/- BAIL No. 43738 of 2024 2 (Raj Beer Singh,J.) Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad