Neutral Citation No. - 2025:AHC:107809 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21056 of 2023 Applicant :- Vikash Rathaur Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Sanjay Mishra Counsel for Opposite Party :- G.A.,Lavkush Dixit Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Sanjay Mishra, learned counsel for the applicant, Sri Kunal Singh, Advocate holding brief of Sri Lavkush Dixit, learned Rajendra Prasad Singh, learned AGA for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 67 of 2023, under Sections 376AB I.P.C. and 5m/10 POCSO Act, Police Station- Kotwali, District- Etawah, during the pendency of trial. 4. As per the prosecution story, applicant is stated to have committed aggravated sexual assault on minor daughter of the informant aged about six years on 25.03.2023 at about 05:00 PM. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence. The FIR is too prompt, as such, it has been instituted in collusion with the informant. The medical examination of victim was conducted on the very next day i.e. 26.03.2023 and no injury has been observed on the body of the victim except some redness. Applicant is a youth aged about 19 years and there was a trivial dispute with the family members, as such, the applicant has been falsely implicated in the case. Witnesses of facts have been examined. Applicant is languishing in jail since 26.03.2023 having no criminal antecedents to his credit, as such, fundamental rights of the applicant as enshrined under Article 21 of the Constitution of India stands violated, therefore, the applicant is entitled for bail. 6. Per contra, learned counsel for the informant as well as learned AGA for the State have vehemently opposed the bail application on the ground that FIR is prompt and there is injury on the vital part of the victim and inflamation was observed on her vital part and even tenderness was found on the Perineum. The victim is a baby aged about six years only, as such, the applicant is not entitled for bail. 7. After hearing learned counsel for the parties and considering the injury sustained by the victim, I do not find it a fit case for grant of bail to the applicant. 8. The bail application is found devoid of merits and is, accordingly, rejected. Order Date :- 8.7.2025 Karan (Justice Krishan Pahal) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad