Neutral Citation No. - 2025:AHC:78832 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6474 of 2025 Applicant :- Shivsharan Alias Mama Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Jitendra Singh,Sonam Singh,Yuvaraj Singh Counsel for Opposite Party :- Abhishek Singh,G.A.,Shailesh Kumar Pathak,Shiv Pratap Singh Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Jitendra Singh, learned counsel for the applicant, Sri Shiv Pratap Singh, learned counsel for the first informant and Sri V.D. Ojha, learned counsel for the State and perused the material on record. 3. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Shivsharan @ Mama, seeking enlargement on bail during trial in connection with Case Crime No. 276 of 2024, under Section 74, 115(2), 352, 107 B.N.S. & Section 7/8 POCSO Act, Police Station Khaga, District Fatehpur. 4. The first information report of the present matter was lodged on 26.09.2024, under Sections 74, 115(2), 352 B.N.S. by Raju Maurya against the applicant and Raj Kapoor Singh alleging therein that his daughter was studying in Devi Saraswati Bal Mandir Inter College, Khaga, Fatehpur in class 12th. She used to go to college daily by the school bus. The driver of the bus was Shivsharan @ Mama who outraged her modesty and troubled her after which an information about it was given by his daughter to him on 23.09.2024. Later on he reported the matter to Raj Kapoor Singh the Principal of the college but he scolded him and threw him out. On 25.09.2024 when his daughter was sitting in the bus Shivsharan @ Mama abused her which was objected by her and she made a complaint to Raj Kapoor Singh the Principal when she reached college but Raj Kapoor Singh assaulted her due to which she jumped from the third floor of the college and is under treatment. The accused persons are responsible for the act done by his daughter. The first information report be lodged and action be taken. 5. Subsequently the daughter of the first informant died and her postmortem examination was conducted on 28.09.2024 wherein the doctor found two stitched wounds, one contused swelling and one other injury being a fracture on the shoulder. The cause of death was opined as shock and septicemia due to antemortem injuries. 6. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is submitted that the applicant is the driver of the bus in which the deceased used to go to the school daily. It is submitted that the applicant has been falsely implicated with ulterior motive. While placing paragraph 14 of the affidavit it is submitted that the applicant is aged about 66 years. While placing paragraph 16 of the affidavit it is submitted that the daughter of the informant was lazy and she often came late and miss the school bus due to which quarrel took place many times between him and the applicant. It is submitted that no offence is made out. The first information report has been lodged with an inordinate delay of 03 days for which there is no justification. It is submitted that the deceased jumped from the school on 23.09.2024 and died on 28.09.2024. Learned counsel has submitted during investigation the Investigating Officer added Section 107 B.N.S. and Section 7/8 POCSO Act in the present matter. Learned counsel has relied upon the judgements of the Apex Court in the case of Kamaruddin Dastagir Sanadi Vs. State of Karnataka through SHO Kakati Police: 2024 INSC 908, Criminal Appeal No. 551 of 2012 (paragraph 26); M. Mohan Vs. The State Represented By The Deputy Superintendent of Police: (2011) 3 SCC 626 (paragraph 37 to 40) and Ayyub & others Vs. State of Uttar Pradesh: 2025 INSC 168, Criminal Appeal No. 461 of 2025 (@ SLP (Crl.) No. 7371 of 2024) (paragraph 19). The applicant has no criminal history as stated in para 24 and is in jail since 28.09.2024. 7. Per contra, learned counsel for the first informant and learned counsel for the State vehemently opposed the prayer for bail and submitted that the deceased was a student in the school in which the applicant was the driver of the bus who used to pick & drop the students daily. It is submitted that the role of the applicant is specifically mentioned in the first information report and even a complaint was made to the Principal by the first informant and the deceased also but in return the first informant was scolded by the Principal and the deceased was also beaten by the Principal. It is submitted that the Principal who is co-accused in the matter is the maternal uncle of the applicant. It is submitted that the averment that the applicant is 66 years old is totally false and misleading in as much as the perusal of charge-sheet would go to show that the date of birth of the applicant is the year 1969 and as such he was aged about 56 years. It is submitted while placing the judgement of the Apex Court in the case of Harjinder Singh Vs. The State of Punjab: 2024 INSC 634, SLP (Crl.) 1891 of 2024 decided on 06.05.2025 (paragraph14) that looking to the sensitivity of the matter with regard to social context where honor and shame of the deceased heavily weighed offence is established, the prayer for bail be rejected. 8. After having heard learned counsel for the parties and perusing the record, it is evident that the applicant is named in the first information report. The applicant was the driver of the bus by which the deceased used to go to the school daily. There is an allegation of his outraging her modesty after which complaint was made to the Principal who did not respond to it effectively. The girl then jumped from the school and received injuries who later on died. The incident is grave in nature. No ground for bail exists. 9. 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. 10. Pending application (s), if any, shall stand disposed of. Order Date :- 14.5.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad