Neutral Citation No. - 2025:AHC:3250 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14709 of 2024 Applicant :- Vasudev Vishwakarma Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Kunwar Abhishek Singh,Alauddin,Fakhruddin Counsel for Opposite Party :- G.A.,Pramod Kumar Singh,Tripathi B.G. Bhai Hon'ble Sameer Jain,J. 1. Heard Sri Kunwar Abhishek Singh, learned counsel for the applicant, Sri Pramod Kumar Singh, learned counsel for the informant and Sri S.B. Singh, learned AGA for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 24 of 2023, under Sections 376(3), 506 IPC and 5(j)(II)/6 POCSO Act, Police Station- Itwa, District- Siddharth Nagar, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that this is the second bail application filed on behalf of the applicant and his first bail application was dismissed on merit by this Court on 03.11.2023 and he is pressing the instant second bail application on the ground that in the present matter, applicant is in jail since 17.02.2023 i.e. for last almost two years but till date, trial of the case could not be concluded and till date, out of nine witnesses of the charge sheet, only two witnesses could be examined, therefore, considering the long incarceration of the applicant, he should be released on bail. 4. Per contra, learned AGA as well as learned counsel for the informant vehemently opposed the prayer for bail and submitted that allegations levelled against the applicant are quite serious and as per allegation, applicant committed rape upon the victim, who was hardly aged about 12 years and due to rape committed by him, she also conceived and applicant is a grown up man aged about 40 years and, therefore, considering the nature of allegation and severity of punishment, he should not be released on bail. 5. I have heard learned counsel for the parties and perused the record of the case. 6. However, applicant is in jail in the present matter since February, 2023 i.e. for last almost two years and trial of the case is still pending but from the report of the court concerned, which was submitted by the court concerned pursuant to the order passed by this Court, it reflects that informant and victim both have been examined by the trial court, therefore, it cannot be said that trial of the case is moving with languid pace. 7. Further, this is the second bail application filed on behalf of the applicant and his first bail application was dismissed on merit by this Court after considering the fact that as per allegation, applicant committed rape upon the victim, who was hardly 12-13 years of age and applicant was more than 40 years' old person and due to act of the applicant, she also conceived, therefore, allegations levelled against the applicant are quite serious. 8. Further, there must by some balance between period of incarceration of an accused and nature of allegation levelled against the accused and punishment provided for alleged offences. Considering the nature of allegation levelled against the applicant and severity of punishment, I am not inclined to release the applicant on bail, merely on the ground that he is in jail in the present matter for last almost two years. 9. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is rejected. 10. 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 :- 7.1.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad