HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 22427 of 2023 Court No. - 71 HON'BLE SANJAY KUMAR SINGH, J. 1. Heard Sri Ashutosh Upadhyay, learned counsel for the applicant and learned Additional Government Advocate for the State. 2. By means of this third bail application, the applicant Ramchandra, who is involved in Case Crime No. 69 of 2021, under Sections 376, 323 I.P.C., police station Behjoi, district Sambhal, seeks enlargement on bail during the pendency of trial. The first bail application of the applicant was rejected vide order dated 14.09.2022 in Criminal Misc. Bail Application No. 28321 of 2021 on merits and second bail application of the applicant was dismissed for want of prosecution vide order dated 11.04.2023 in Criminal Misc. Bail Application No.34567 of 2022. 3. As per prosecution case, in brief, on 20.02.2021 at 9:10 pm, first information report has been lodged by the victim, in respect of an incident, which took place on the same day alleging inter alia therein that on 20.02.2021 at about 6.00 p.m. when she went to harvest the fodder in the field, one person came there and caught hold her with bad intention and assaulted her and thereafter he fled away from the spot, leaving her in an unconscious state. Versus Counsel for Applicant(s) : Ashutosh Upadhyay, Munesh Kumar Counsel for Opposite Party(s) : G.A. Ramchandra .....Applicant(s) State of U.P. .....Opposite Party(s) 4. The main substratum of argument of learned counsel for the applicant is that the applicant is languishing in jail since 25.02.2021, but till date, his trial has not been concluded, therefore, considering the detention period of the applicant, he may be enlarged on bail. 5. On the other hand learned Additional Government Advocate submits that on 20.02.2021 when the victim went to harvest the crops in the field, she was caught by one person, who raped her, whose name later reveals as Ramchandra (applicant). The offence is heinous in nature, therefore, the bail application of the applicant is not liable to be allowed. 6. Having heard the submissions of learned counsel for the parties and going through the record of the case, I find that vide order dated 19.05.2025, the Senior Superintendent of Police, Sambhal was directed to produce the victim on the next date before the trial Court for recording her statement. In compliance there of, trial Court after recording statement of the victim on 14.07.2025, transmitted the copy of her statement as PW-1. 7. On perusal of the same, I find that victim has made allegation of assault and rape on her. She has also proved the first information report as well as her statement recorded under Section 164 Cr. P.C., hence in the light of the statement of the victim as well as considering the judgement of the Hon'ble Apex Court in X Vs State of Rajasthan and another, 2024 SCC OnLine SC 3539, I do not find any good ground to release the applicant on bail. 8. Accordingly, the bail application is rejected. 9. However, considering the detention period of the applicant, the Senior Superintendent of Police, Sambhal is directed to ensure the presence of all the remaining prosecution witnesses on the date fixed before the trial court. On appearance of the prosecution witnesses, the trial court shall record their statements on the same day without granting any adjournment and opportunity of cross-examination shall be given in continuation of the examination-in-chief of the prosecution witnesses. BAIL No. 22427 of 2023 2 10. The trial court is directed to make an endeavour to conclude the trial, expeditiously without granting any unnecessary adjournment to either of the parties. 11. Office is directed to send a copy of this order within three days to the Senior Superintendent of Police, Sambhal as well as concerned trial Court for information and compliance. October 13, 2025 T.S. BAIL No. 22427 of 2023 3 (Sanjay Kumar Singh,J.) Digitally signed by :- TRIBHUWAN SINGH High Court of Judicature at Allahabad