HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 28952 of 2025 Court No. - 70 HON'BLE SANTOSH RAI, J. 1. Heard learned counsel for the applicant, learned AGA for the State- respondents and perused the record. 2. Learned AGA submits that notice has been served upon the informant. 3. Learned counsel for the applicant submits that he does not wish to file rejoinder affidavit in this case and is ready to argue the case. 4. This bail application has been moved on behalf of accused-applicant Sadiq Alias Rafiq seeking enlargement on bail in Case Crime No.401 of 2024, under Sections 137, 115(2) B.N.S. and 5/6 POCSO Act, Police Station- Kaptanganj, District- Kushinagar. 5. Learned counsel for the applicant submits that the accused-applicant has not committed any offence as alleged in the FIR and has been falsely implicated in this case due to ulterior motive. Applicant is languishing in jail since 5.8.2024. It is submitted that the victim in his statement recorded under Section 180 B.N.S.S. has not specifically stated regarding involvement of accused applicant by mentioning his name. It is further submitted that since the charge-sheet has already been submitted, therefore, there is no reasonable possibility of intimidating or pressurizing the prosecution witnesses. It is argued that trial is going on, PW-1 and PW-2 have already been examined and victim has also stated the same version during the course of trial proceeding as he stated in the statement under Section 180 B.N.S.S. during the course of investigation before the I.O. Hence bail has been prayed for. Versus Counsel for Applicant(s) : Mohd. Shoeb Khan Counsel for Opposite Party(s) : G.A. Sadiq Alias Rafiq .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) 6. Learned A.G.A. has vehemently opposed the submission of learned counsel for the applicant and submits that accused applicant is named in FIR and has committed penetrative sexual assault upon the victim having age of 10 years. He further submits that though the victim has not specifically named the applicant but insofar as the fact of penetrative sexual assault is concerned the victim has clearly stated that the accused applicant has committed unnatural sex with him and he put his private part in his mouth also. It is argued that the victim in his statement recorded under Section 183 B.N.S.S. has specifically stated that applicant has penetrated his private organ in his anal and thereafter he also put his private organ in the mouth of the victim. In the medical report, four injuries are found upon the victim. The nature of injures are quoted below:- "1. Abrasion size 0.3 cm x 0.3 cm over opening of anal canal at the 12 'O' Clock position with red skin colour. 2. Abrasion size 1 cm x 0.2 cm on left side buttocm 8cm below from superior posterior iliac crest, with red skin colour. 3. Abrasion size 0.4 cm x 0.2 cm over middle finger of right hand at the posterior aspect 4 cm above from tip of finger with red skin colour. 4. Multiple abrasion in area of 2 cm x 1.5 cm over right side neck, 6cm below from right ear with red skin colour." 7. From the perusal of the medical report it transpires that the applicant has committed a very heinous offence upon the victim having age of ten years whereas the age of the applicant is about 19 years. Thus medical evidence also corroborates the statements of victim. 8. Without expressing any opinion on merits of the case and considering the submissions advanced, the nature of injury, age of victim (10 years), gravity of the accusation and quantum of sentence, I find no good ground to grant bail to the applicant in the aforesaid case, at this stage. 9. The bail application is, accordingly, rejected. 10. The trial Court is directed to proceed the trial and to conclude the trial expeditiously, from the date of production of certified copy of this order without granting unnecessary adjournment, if there is no legal impediment. October 8, 2025 RA BAIL No. 28952 of 2025 2 (Santosh Rai,J.) Digitally signed by :- RAZIQ ALI High Court of Judicature at Allahabad