Neutral Citation No. - 2025:AHC:86539 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12280 of 2025 Applicant :- Raju Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Indra Narayan,Rajat Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. As informed by learned State Law Officer, notice to the informant has been served on 05.04.2025 but none is present on behalf of the informant. 2. Heard Sri Indra Narayan, learned counsel for the applicant and Sri R.P. Patel, learned State Law Officer and perused the record. 3. Applicant seeks bail in Case Crime No. 208 of 2024, under Sections 65(1), 99 of BNS and Sections 3/4 of POCSO Act, Police Station - Pipri, District - Kaushambi, during the pendency of trial. 4. The FIR was instituted against unknown person by the informant regarding his missing daughter since 27.10.2024 at about 06:00 PM, who had gone to ease herself out at that time. 5. Learned counsel for the applicant has argued that the applicant is innocent and has been falsely implicated in the present case. The FIR is delayed by about 8 hours and there is no explanation of the said delay caused. 6. Learned counsel has further stated that the victim by her looks seems to be major although as per ossification test report, her age has come out to be between 16 to 18 years old. The victim is the consenting party as per as her statement recorded u/s 180 BNSS is concerned whereby she has stated that her uncle had taken her to the house of the applicant and she stayed with him as his wife. 7. Learned counsel has next stated that the victim at the stage of recording of her statement u/s 183 BNSS, the allegations have been escalated whereby she has stated that the applicant had purchased her by giving an amount of Rs.60,000/- to her uncle and raped her for about one and a half month. The other co-accused persons are stated to have threatened to put her to death. 8. Learned counsel has also contended that criminal history assigned to the applicant stands explained as he has been enlarged on bail in eight cases and in one case under the U.P. Goondas Act, the period of extermination has already expired as it was instituted in the year 2009. As far as another case i.e. Case Crime No. 357 of 2018, u/s 379 & 411 of IPC, P.S. Sarai Akil, Kaushambi is concerned, the applicant has never been served any notice from any court whatsoever, as such, the applicant deserves to be released on bail. The applicant is languishing in jail since 27.01.2025. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial. 9. Per contra, learned State Law Officer has vehemently opposed the bail application on the ground that the instant case falls within the parameters of human/women trafficking, as such, is of maximum gravity. Criminal history assigned to the applicant has not been properly explained as some orders have not been filed, as such, he is not entitled for bail. 10. Considering the facts and circumstances of the case, submissions advanced by learned counsel for the parties and taking into consideration the statement of the victim whereby serious allegations have been made that she has been purchased by the applicant for a consideration of Rs.60,000/- from her uncle and also considering her age to be between 16 to 18 years old only coupled by the fact that criminal history of the applicant has not been properly explained, I do not find it a fit case to release the applicant on bail. 11. The bail application is, accordingly, rejected. 12. However, it is directed that the aforesaid case pending before the trial court be decided expeditiously, in view of the principle laid down in the recent judgements of the Supreme Court in the cases of Vinod Kumar vs. State of Punjab 2015 (3) SCC 220 and Hussain and Another vs. Union of India (2017) 5 SCC 702, if there is no legal impediment. 13. 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:- 21.5.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad