Neutral Citation No. - 2025:AHC:75619 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11723 of 2025 Applicant :- Amit Kumar Opposite Party :- State of U.P. Counsel for Applicant :- A.K. Singh Solanki,Aditya Kumar Singh,Parijat Srivastava,Pashali Slolanki Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Supplementary affidavit filed today is taken on record. 2. Heard learned counsel for the applicant, Shri Jai Kishan Chaursia, learned A.G.A. for the State and perused the record. 3. By means of the instant bail application, the applicant, Amit Kumar, seeks bail in Case Crime No. 141 of 2024, under Sections 354, 354(A), 354(B), 323, 504, 506, 316 I.P.C., Police Station Fatehganj Purvi, District Bareilly. 4. On the basis of an application moved under Section 156(3) Cr.P.C. the F.I.R. dated 12.06.2024 was lodged with the allegation that when on 21.09.2023 at about 5:00 p.m. the informant's niece, who is a married woman, was coming to the house of informant, then on the way the accused-applicant made vulgar comments and also abused her. On the objection raised by the informant the applicant fled away. After some time at about 6:00 p.m. on the same day when the informant's niece and wife went to attend nature call in an agricultural field, then the applicant along with his cousin namely Amarpal reached there and started molesting her and obscene activity. Both these accused torn the clothes of the informant's niece. When wife of the informant tried to save her then both the accused started assaulting these two women by kicks and fists. The niece of the informant was having pregnancy at that time. Both the accused assaulted the niece of the informant by kicks and fists several times on her abdomen, on account of which she felt pain in her abdomen and started crying. On the alarm being raised by the wife of the informant some persons reached at the spot, thereafter, both the accused persons fled away while hurling abuse and extending threats. On the said assault of informant's niece her three months pregnancy got disturbed and the fetus had died. The informant's niece also sustained several injuries on her body. 5. Learned counsel for the applicant submits that applicant has falsely been implicated in the present case due to ulterior motive. No such occurrence took place. The applicant had not caused any injury to the injured. No motive has been assigned for the said occurrence. He was not present at the time of occurrence. The applicant is languishing in jail since 21.03.2025, with no criminal history. 6. Learned A.G.A. for the State has vehemently opposed the bail prayer by contending that the injured in her statements recorded under Sections 180 and 183 B.N.S.S. has specifically stated that the applicant and one other co-accused, assaulted her by kicks and fists several times on her abdomen and in the said occurrence her three months pregnancy got disturbed and the fetus had died and she also sustained several injuries on her body, therefore, the applicant does not deserve any indulgence. 7. Keeping in view submissions of learned counsel for the parties, gravity of offence, nature of allegations and all the attending facts and circumstances of the case and considering the fact specific role of causing solitary injury is assigned to the applicant, therefore, the present bail deserves to be rejected. 8. Accordingly, the bail application of applicant-Amit Kumar, is rejected. Order Date :- 9.5.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad