HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33788 of 2023 Court No. - 51 HON'BLE RAJ BEER SINGH, J. 1. Supplementary affidavit filed on behalf of applicant is taken on record. 2. Heard learned counsel for the applicant, learned A.G.A for the State and perused the material brought on record. 3. This second bail application has been filed by the applicant-accused in case crime No. 1421 of 2022, under Sections - 376AB I.P.C. and Section 5M/6 POCSO Act, Police Station- Indrapuram, District- Ghaziabad with the prayer to enlarge the applicant-accused on bail. 4. It has been argued by learned counsel for the applicant that applicant is innocent and has been falsely implicated in this case. In the first information report,it was mentioned that the victim was bleeding but that fact is not corroborated by the medical examination report of the victim. Learned counsel for the applicant has referred statement of the victim recorded before the trial court and pointed out that she has made statement before the court as told by her mother. The victim has not sustained any injury. Learned counsel has referred case of Javed Gulam Nabi Shaikh Vs. State of Maharashtra and another, 2024 0 Supreme (SC) 520 and stated that if the State or any prosecuting agency including the court concerned has no wherewithal to provide or protect the fundamental right of an accused to have a speedy trial as enshrined under Article 21 of the Constitution then the State or any other prosecuting agency should not oppose the plea for bail on the ground that the crime committed is serious. Article 21 of the Constitution applied irrespective of the nature of the crime. 5. It is further submitted that the first bail application of applicant was rejected by this Court vide order dated 17.03.2023 and now he is in judicial custody since 30.10.2022. Referring to the aforesaid facts, it was submitted that the applicant is entitled for bail. 6. Learned A.G.A. has opposed the prayer for bail and submitted that the victim is six year old child. In her statement before the trial court she has made categorical allegation against the applicant. The first bail application of the applicant has already been rejected on merits. 7. Perusal of record shows that victim is a six years old girl and in her statement Versus Counsel for Applicant(s) : Ramesh Kumar Pandey Counsel for Opposite Party(s) : G.A. Ajay @ Ram Naresh .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) before the trial court she has made allegation that applicant has molested her. 8. Considering submissions of learned counsel for the parties and all attending facts, particularly the age of the victim and her statement before the trial court, without expressing any opinion on the merits, no case for bail is made out. 9. Accordingly, the second bail application of applicant Ajay @ Ram Naresh is hereby rejected. October 8, 2025 Gss BAIL No. 33788 of 2023 2 (Raj Beer Singh,J.) Digitally signed by :- GIRAJA SHANKER SHARMA High Court of Judicature at Allahabad