Neutral Citation No. - 2025:AHC:87230 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15338 of 2025 Applicant :- Farati @ Fariyad Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Kameshwar Singh,Sudhanshu Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Supplementary affidavit filed today is taken on record. 3. Heard Sri Kameshwar Singh, learned counsel for applicant, Sri Ashwani Kumar Tripathi, learned A.G.A. for the State and perused the material placed on record. 4. Learned A.G.A. has informed that the notice to the informant has been served on 20.04.2025. 5. The present bail application has been filed by the applicant in Case Crime No.13 of 2025, under Sections 137(2), 70, 87, 351(2) B.N.S., Section 5/6 POCSO Act and Section 5/3 U.P. Prohibition of Unlawful Conversion of Religion Amendment Act, 2024, Police Station Kalinjar, District Banda with the prayer to enlarge him on bail. 6. As per prosecution story, the FIR was instituted by the informant stating that his daughter aged about 17 years was enticed away by the co-accused person Rafeek @ Baura on 01.02.2025 at about 10:00 p.m. 7. Learned counsel for the applicant has stated that the FIR is delayed by about three hours and there is no explanation of the said delay caused. The victim is major aged about 18 years as per ossification test report. The applicant is not named in the FIR. His name has come up subsequently in the statement of the victim recorded under Section 183 B.N.S.S. only, whereby she has levelled the allegations of gang-rape against the applicant and named accused person Rafeek @ Baura. 8. Learned counsel for the applicant has further stated that the victim has only nominated the named accused person in her statement recorded under Section 180 B.N.S.S., as such, it is a clear-cut case of false implication as he is the cousin of the named accused person Rafeek @ Baura, as such, the applicant is entitled for bail. The applicant is in jail since 11.02.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 9. Per contra, learned A.G.A. has vehemently opposed the bail application on the ground that the victim has categorically nominated the applicant to have gang-raped her. There are allegations of attempt to convert her to Islam. 10. Learned A.G.A. has further stated that there is statement of two more witnesses, namely, Saddam Hussain and Shiv Shanker, who had seen the applicant alongwith the named accused person Rafeek @ Baura taking away the victim with knife. 11. After hearing learned counsel for the parties and taking into consideration the fact that the allegations against the applicant are of gang-rape coupled with the fact that the FIR is prompt, which was instituted about three hours of the incident, I do not find it a fit case for grant of bail to the applicant. 12. The bail application is found devoid of merits and is, accordingly, rejected. 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 :- 22.5.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad