HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34363 of 2025 Court No. - 66 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Sri Mukul Yadav, learned counsel for the applicant, Sri Ajay Singh, learned AGA-I for the State and perused the material on record. 3. This is second bail application. The first bail application being Crl. Misc. Bail Application No. 23623 of 2025 (Nitin Vs. State of U.P. and 3 others) was dismissed for want of prosecution by this Court vide order dated 09.07.2025. 4. This bail application under Section 483 BNSS has been filed by the applicant Nitin, seeking enlargement on bail during trial in connection with Case Crime No. 98 of 2025, under Sections 331(6), 351(2), 115(2), 70(2) BNS and Section 5G/6 POCSO Act, registered at P.S. Chhajlet, District Moradabad. 5. The FIR of the matter was lodged on 16.05.2025 by Devendra Kumar against the applicant and Sachin alleging therein that on 09.05.2025 at about 10:20 pm the accused persons entered inside the house and committed gang rape on his minor daughter aged about 16 years. Both the accused persons are resident of Police Station Chhajlet area. On hearing shrieks of the girl, the people of the house and neighbours reached there and tried to forcibly apprehend them but they pushed there away and with the help of grill of the second floor which is of about 10 feet height jumped from there due to which Sachin received injury in his legs. Police was called on dial No. 112 but in the meantime Nitin ran away but Sachin was apprehended at the spot and handed over to the police. Report be lodged and action be taken. 6. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the applicant was not apprehended at the place of occurrence whereas co-accused Versus Counsel for Applicant(s) : Mukul Yadav, Rajesh Yadav Counsel for Opposite Party(s) : G.A. Nitin .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) Sachin was apprehended. It is submitted that the applicant has been falsely implicated in the present case due to village party bandi only due to the fact that he had friendship with Priyanka the elder sister of the victim and the informant had full knowledge about it and thus he has been implicated, para 9 of the affidavit has been placed before the Court. It is submitted that the applicant has no criminal history as stated in para 12 of the affidavit and is in jail since 25.05.2025. 7. Per contra, learned counsel for the State opposed the prayer for bail and submitted that the applicant is named in the FIR and also in the statements of the victim recorded during investigation and there are allegations of rape against him. The victim is a minor girl. It is submitted that the present case is a case of gang rape. It is further submitted that co-accused Sachin has been apprehended from the place and handed over to the police and has received injuries after jumping from the second floor of the house but the applicant somehow taking help of a grill managed to run away. It is submitted that there is no reason for false implication of the applicant and as such the prayer for bail of the applicant be rejected. 8. After having heard learned counsels for the parties and perusing the records, it is evident that the victim is a minor girl. The present case appears to be a case of gang rape. The applicant is named in the FIR and also in the statements of the victim recorded during investigation and there are allegations of rape against him. Co-accused Sachin has also been assigned identical role who was apprehended on the spot and had jumped from the second floor of the house and received injuries. I do not find it a fit case for bail. 9. Considering the totality of the case in particular, nature of evidence available on record, I am not inclined to release the applicant on bail. 10. The bail application is, accordingly, rejected. 11. Pending application(s), if any, stand disposed of. October 17, 2025 M. ARIF BAIL No. 34363 of 2025 2 (Samit Gopal,J.) Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad