Neutral Citation No. - 2025:AHC:82430 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14572 of 2025 Applicant :- Bechan Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Kaushal Kant Dubey,Shri Nath Mishra Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. As informed by learned State Law Officer, notice to the informant has been served on 29.04.2025 but none is present on behalf of the informant. 2. Heard Sri Shri Nath Mishra, learned counsel for the applicant and Ms. Ifrah Islam, learned State Law Officer and perused the record. 3. Applicant seeks bail in Case Crime No. 466 of 2024, under Sections 351(2), 352, 65(2) of I.P.C. and Sections 5M & 5N/6 of POCSO Act, Police Station - Lanka, District - Varanasi, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have committed aggravated sexual assault with the daughter of the informant, aged about 6 months only, on 23.11.2024 at about 09:00 PM, as such, the FIR has been instituted the next morning at 00:56 hours. 5. Learned counsel for the applicant has argued that the applicant has been falsely implicated in the present case due to property dispute. He has nothing to do with the said offence as alleged in the FIR. The FIR is delayed by about one day and there is no explanation of the said delay caused. 6. Learned counsel has further stated that there is material contradiction in the time of offence mentioned in the FIR as the informant in his statement recorded u/s 180 and 183 BNSS has mentioned the time of offence to be 08:00 AM to 09:00 AM, respectively. The difference of 12 hours speaks volume of false implication. There is no medical corroboration of the incident. 7. Learned counsel has also argued that it is a clear cut case of false implication as the applicant earned good fortune as he works at Bengaluru and the informant has instituted the instant FIR to usurp his property. It is further stated that there is no criminal history of the applicant. The applicant is languishing in jail since 25.11.2024 . In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Per contra, learned State Law Officer has vehemently opposed the bail application on the ground that the FIR is prompt. The incident is of 09:00 PM and the FIR has been instituted the same night at 00:56 hours. The victim, who is six months old baby, has sustained injuries on her private parts. The act of the applicant fall within the category of extreme mental depravity. The statement of the informant falls within the category of Section 4 of BSA. 9. The injury report of the victim indicates that a mild cut of 1 cm on her vestibule was observed by the doctor, who conducted the medical examination of the victim on 24.11.2024 at 01:51 PM. He also found no bleeding and tear except the said injury, as such, opined no stitches are required and conservative treatment would be enough for the victim. 10. Considering the facts and circumstances of the case, submissions advanced by learned counsel for the parties, nature of offence, evidence on record, pending trial, complicity of accused, severity of punishment and also taking into consideration the fact that the victim, who is 6 months old baby, had sustained injury and the applicant being 61 years old person, I do not find it a fit case to release the applicant on bail. 11. The bail application is, accordingly, rejected. 12. 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. 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:- 17.5.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad