Neutral Citation No. - 2025:AHC:57766 Court No. - 78 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11126 of 2024 Applicant :- Rahul Rajbhar Opposite Party :- State Of Up Others Counsel for Applicant :- Akshay Kumar Shukla,Anil Kumar Tripathi,Ashish Kumar Maurya,Shubhi Singh Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. 1. Heard learned counsel for the applicant and learned Additional Government Advocate representing the State. 2. By means of this second bail application under Section 439 of Cr.P.C., applicant, who is involved in Special Session Trial No 1310 of 2021 arising out of Case Crime No. 44 of 2019, under Sections 363, 366, 372, 376(3) I.P.C. and Section 3/4 POCSO Act, police station Chaubepur, district Varanasi seeks enlargement on bail during the pendency of trial. 3. First bail application of the applicant was rejected by this Court vide order 04.05.2022 in Criminal Misc. Bail Application No. 54387 of 2021. 4. As per prosecution case, in brief, complainant, who is father of the victim lodged the first information report on 13.02.2019 against unknown person under Section 363 I.P.C. alleging inter alia that on 29.01.2019 at 05:30 P.M., his minor daughter aged about 14 years had gone towards Siwan to attend the call of nature but did not return. 5. Main substratum of argument of learned counsel for the applicant is that the applicant is languishing in jail since 15.09.2021, but till date, his trial has not been concluded, therefore, considering the detention period of the applicant, he may be enlarged on bail. 6. On the other hand, learned Additional Government Advocate for the State vehemently opposed the prayer for bail of the applicant by contending that the F.I.R. was lodged against unknown person under Section 363 I.P.C. with regard to abduction of minor victim. During investigation complicity of the applicant came into light and the allegation against the applicant is that when victim had gone towards Siwan to attend the call of nature, applicant met her and on the pretext of marriage, he took her to his sister's house at Shahjahanpur, where he sold the victim to father-in-law of his sister. Thereafter, victim married to Monu who is brother-in-law of his sister. It is also pointed out that in this case Sunny is also accused whose trial has been separated in which victim has been examined as PW-1 wherein she has made allegation of forceful rape against the present applicant-Rahul and considering the said statement of the victim first bail application of the applicant was rejected on 04.05.2022. It is also submitted that the offence is heinous in nature and trial of the applicant is proceeding. Hon'ble Apex Court in the case of X vs. State of Rajasthan and Another, 2024 SCC OnLine SC 3539, has held that if the trial of the accused has started, his bail should not be granted in heinous offences like murder, rape and dacoity. Therefore, the bail application of the applicant is liable to be rejected. 7. Having heard learned counsel for the parties and examined the matter in its entirety, I find that the nature of crime as alleged by the victim is heinous in nature. As on date, I do not find any good ground to disbelieve the statement of minor victim. 8. Accordingly, the bail application is rejected. 9. It is made clear that the observation contained in the instant order is confined to the issue of bail and shall not affect the merit of the trial. 10. However, considering the detention period of the applicant, Commissioner of Police, Varanasi is directed to ensure the production of all the remaining prosecution witnesses on the dates fixed before the trial court so that trial of the applicant may be concluded at the earliest. 11. It is further directed that on appearance of the prosecution witnesses, the trial court shall record their statements on the same day and opportunity of cross-examination shall also be given in continuation of their examination-in-chief. 12. Copy of this order be sent to the Commissioner of Police, Varanasi as well as to the concerned trial court for necessary information and compliance. Order Date :- 18.4.2025 Kashifa Digitally signed by :- KASHIFA High Court of Judicature at Allahabad