Neutral Citation No. - 2025:AHC:115607 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6075 of 2025 Applicant :- Sanjay Banvasi Opposite Party :- State Of U.P. Through Secretary Home At Lucknow Counsel for Applicant :- Shad Khan Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Shad Khan, learned panel lawyer of the High Court Legal Service Committee for the applicant and Sri Ajay Singh, learned A.G.A.-I for the State and perused the material on record. The case diary of the matter has been produced by learned State Counsel which has also been perused. 3. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Sanjay Banvasi, seeking enlargement on bail during trial in connection with Case Crime No. 85 of 2023, under Sections 364, 302 & 201 I.P.C. and 5AM/6 POCSO Act, Police Station Adampur, District Varanasi. 4. The first information report of the present matter was lodged on 15.08.2023, under Sections 364, 302, 201 I.P.C. by Paras Banwasi against unknown person alleging therein that he sells leaves. At about 12 - 01 am his daughter aged about 05 years and his wife were sleeping under the bridge at platform no.3 at Kashi Railway Station from where his daughter went missing. She was searched throughout the night but could not be traced. In the morning her dead body was found in the bushes near the station. He suspects that someone has murdered her and thrown her body. 5. Learned panel lawyer of the High Court Legal Service Committee submitted that the applicant has been falsely implicated in the present case. It is submitted that that the applicant is not named in the first information report. It is submitted that subsequently the implication of the applicant in the present case is on the basis of some information received by the police informer after which he was arrested and then it is alleged that the underwear of the victim / deceased was recovered from his pointing out. It is submitted that there is no credible evidence against the applicant. While placing rejoinder affidavit it is submitted that the DNA profiling was done of the material sent but the same did not match with each other and as such there is no specific evidence of any expert with regard to the same. The applicant has no criminal history as stated in para 14 and is in jail since 25.08.2023. 6. Per contra, learned counsel for the State vehemently opposed the prayer for bail and submitted that the implication of the applicant in the present matter has surfaced during investigation. It is submitted that the deceased is a girl aged about 05 years. It is further submitted that the postmortem examination of the deceased shows a contusion on her face and further shows severe injuries on her private parts. It is submitted that the cause of death as opined by the doctor is asphyxia as a result of smothering. It is submitted that the same would go to show that the deceased was initially sexually assaulted and then murdered. It is submitted that the underwear of the deceased has been recovered on the pointing out of the applicant. 7. After having heard learned counsel for the parties and perusing the record, it is evident that the implication of the applicant in the present matter is during investigation. The deceased is a 05 year old girl who was initially sexually assaulted and then murdered. There is recovery of an underwear on the pointing out of the applicant. No ground for bail is made out. 8. Looking to the facts and circumstances of the case, this Court does not find it a fit case for bail, hence, the bail application is rejected. 9. Pending application (s), if any, shall stand disposed of. Order Date :- 17.7.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad