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Neutral Citation No. - 2025:AHC:48877 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10189 of 2025 Applicant :- Raj Narayan Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Manoj Kumar Srivastava,Pramod Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Pramod Kumar Srivastava, learned counsel for applicant, Sri Ashutosh Srivastava, learned A.G.A. for the State and perused the material placed on record.
3. Learned A.G.A. has informed that the notice to the informant has been served on 23.03.2025.
4. The present bail application has been filed by the applicant in Case Crime No.155 of 2024, under Sections 64, 351(3), 352, 333 B.N.S., 2023 and Section 5/6 POCSO Act, 2012, Police Station Bharatkoop, District Chitrakoot with the prayer to enlarge him on bail.
5. As per prosecution story, the applicant is stated to have committed rape with the daughter-in-law and grand-daughter of the informant on 22.10.2024 at about 4:00 p.m.
6. Learned counsel for the applicant has stated that the applicant is absolutely innocent person and has been falsely implicated in the present case. The FIR is delayed by more than three hours and there is no explanation of the said delay caused. There is no medical corroboration of the incident as far as the daughter-in-law of the informant is concerned. Learned counsel has further stated that the injuries sustained by the grand-daughter are not on vital part of the body and can be manufactures.
7. Learned counsel for the applicant has also stated that it is true that the child is of tender age i.e. eight months, but the instant case is a counterblast to a civil suit pending between the parties. The
applicant is in jail since 23.10.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.
8. Per contra, learned A.G.A. has vehemently opposed the bail application on the ground that a tender baby girl of eight months has been subjected to sexual assault by the applicant, which speaks volume of his mental depravity. The victim has sustained injuries on her vital parts. Even oozing was present, as such, the applicant is not entitled for bail.
9. After hearing learned counsel for the parties and taking into
consideration the injuries sustained by the tender baby of eight months old, I do not find it a fit case for grant of bail to the applicant.
10. The bail application is found devoid of merits and is, accordingly, rejected.
11. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.
Order Date :- 5.4.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad