Neutral Citation No. - 2025:AHC:108957 Court No. - 5 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12831 of 2025 Applicant :- Rahul Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ahamad Farhan,Haya Rizvi Counsel for Opposite Party :- G.A. Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Ms. Haya Rizvi, learned counsel for the applicant and Sri B.P.Singh, learned A.G.A. 2. This is the second bail application. 3. First bail application was disposed of by a reasoned order dated 8.4.2024 and relevant part there of is mentioned hereinafter: "3. Applicant is one of the named accused and is facing allegations with co-accused (brother) that they have committed an offence of kidnapping and rape with a minor girl of 16 years. 9 Considering that applicant is in jail for more than 3 years and three months, this bail application is disposed of with a direction to learned Trial Court that it will take all endeavour to record the statement of victim within a period of two months from today. 10. Learned counsel for the applicant also undertakes that as soon as victim is summoned she will appear before learned Trial Court to depose her statement and thereafter applicant will be at liberty to approach this Court or Trial Court as the case may be along with statement of victim and status of trial." 4. The applicant has approached this Court by way of filing the present Criminal Misc. Bail Application seeking enlargement on bail in Case Crime No.1160 of 2020, under Sections 363, 376-D, 506 I.P.C. and 5 (g) 5(h), 5(L), 6 of POCSO Act, I.P.C., Police Station-Kotwali Dehat, District-Bulandshahr. 5. On the basis of order passed by this court, learned Trial Court has submitted a report dated 2.5.2025 that out of six prosecution witnesses two' have been examined including the victim. 6. Learned counsel for the applicant submits that applicant is in jail since 31.12.2020 that is about 4 years and 6 months and that victim was a consented party with other accused and applicant has been falsely implicated in the present case. 7. In the present case, co-accused Rohit has been granted bail by a coordinate Bench of this court in Criminal Misc Bail Application No.9819 of 2024, Rohit Vs. State of U.P. & Ors, Neutral Citation No.2024:AHC:71057 8. Learned A.G.A has opposed the bail application and submits that co-accused was granted Bail before statement of victim was recorded and Court may take note of testimony of the victim who has remained consistent against the applicant as well as co-accused that both accused have committed rape on her. 9. I have considered the above submissions and perused the records. 10. As referred above co-accused Rohit was granted bail before statement of victim was recorded, therefore, it is not a case of parity. 11. Court also takes note of statement of victim which appears to be consistent against the applicant as well as co accused. 12. Trial is proceeding and out of 6 proposed prosecution witnesses two have been examined, therefore, no case of bail is made out. However, applicant will be at liberty to approach this Court in case trial is not concluded within a period of 6 months alongwith status report. 13. Accordingly, this second bail application is rejected. Order Date :- 9.7.2025 SB Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad