Neutral Citation No. - 2025:AHC:59533 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12955 of 2025 Applicant :- Ehtesham Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Mohd. Saeed Siddiqui,Parvej Alam Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Mohd. Saeed Siddiqui, learned counsel for the applicant and Sri Amam Srivastava, Advocate holding brief of Sri Sailesh Srivastava, learned counsel for the informant as well as Sri Amit Kumar, learned State Law Officer and perused the record. 3. Applicant seeks bail in Case Crime No. 61 of 2025, under Sections 333, 64, 115(2) of BNS and Sections 3/4 of POCSO Act, Police Station - Afzalgarh, District - Bijnor, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have committed rape with the victim on 25.02.2025 at about 12:30 PM. He is even stated to have pushed her whereby she has sustained injuries on her head due to fall. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. The FIR itself is delayed by about 9 hours and there is no explanation of the said delay caused. 6. Learned counsel has further stated that the victim is the consenting party as is but evident from certain photographs and instagram chats between the two and the same have been filed as Annexures 8 & 9 of the affidavit filed along with bail application. It is evident from the said chats that the relationship between the two is consensual. It is also stated that the victim by her looks seems to be major although as per her school transfer certificate, her date of birth is 09.06.2008, as such, her age has come out to be 16 years 8 months 16 days. A leverage of two years may be granted to the applicant on upper side in light of settled law laid down by Supreme Court. 7. Learned counsel has also stated that there is no injury sustained by the victim on her vital parts and only one minor injury has been observed by the doctor on her head which is not grievous. There is no criminal history of the applicant. The applicant is languishing in jail since 01.03.2025. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Per contra, learned State Law Officer and learned counsel for the first informant have vehemently opposed the bail application on the ground that the applicant has misused his clout and the prosecution story stands fortified from the injury report as the victim has sustained injury on her head which has been observed by doctor at CHC, Afzalgarh the same night. Although, it is true that the victim has not sustained injury on her vital part but filing of the indecent so-called chats made between the parties and the photographs of the two showing her consent with the bail application tantamounts to misconduct, as such, the applicant is not entitled for bail. 9. Considering the facts and circumstances of the case, submissions advanced by learned counsel for the parties and also taking into consideration the fact that the FIR itself mentions that the victim had sustained injuries on her head which has been observed by the doctor conducting her medical examination coupled by the fact that the indecent chats and the photographs of the two annexed to the bail application, I do not find it a fit case to release the applicant on bail. 10. The bail application is, accordingly, rejected. 11. 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. 12. 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:- 22.4.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad