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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 15365 of 2025 Court No. - 71 HON'BLE SANJAY KUMAR SINGH, J. Heard Ms Zulekha Begum, learned counsel for the applicant, learned Additional Government Advocate representing the State and Shri Sharad Kumar Srivastava, learned counsel appearing on behalf of the first informant. By means of this third bail application, the applicant, who is involved in Case Crime No. 129 of 2021, under Section 376DA, 506, 34 IPC, Section 3(2)5 of SC/ST Act and 5/6 of POCSO Act, police station Ghazipur, district Fatehpur, seeks enlargement on bail during the pendency of trial. Earlier two bail applications of the applicant were rejected by this Court vide order dated 23.01.2023 and 03.09.2024 in Criminal Misc. Bail Application Nos. 12226 of 2022 and 7191 of 2024 respectively. Main substratum of argument of learned counsel for the applicant is that the applicant is languishing in jail since 26.08.2021, but till date his trial has not been concluded and considering the detention period of the applicant, he may be enlarged on bail. Per contra, learned Additional Government Advocate for the State as well as learned counsel appearing on behalf of the first informant opposed the prayer for bail of the applicant by contending that statement of the victim before the trial court has been recorded on 30.06.2022, in which she has made specific allegation of rape against the applicant and co-accused giving vivid description of the incident. The offence is heinous in nature. Therefore, in the light of the statement of the victim bail application of the applicant is liable to be Versus Counsel for Applicant(s) : Zulekha Begum Counsel for Opposite Party(s) : G.A., Sharad Kumar Srivastava Ashraf Ali .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s)
rejected. Vide order dated 20.08.2025, a report was called for from the concerned presiding officer with regard to the present status of trial of the applicant. Pursuant thereto, the trial court submitted report dated 15.09.2025 indicating therein that statements of all prosecution witnesses have been recorded and 24.09.2025 is the date fixed for recording the statement of the accused under Section 313 Cr.P.C. In the light of the report of the trial court, I find that the trial of the applicant is proceeding, which is at advance stage, hence, I do not find any good ground to release the applicant on bail.
Accordingly, the bail application is rejected. However, considering the detention of the applicant, the trial court is directed to make an endeavour to conclude the trial expeditiously, preferably within a period of five months from the date of production of a copy of this order without granting any unnecessary adjournment to either of the parties. October 9, 2025 Ishrat BAIL No. 15365 of 2025 2 (Sanjay Kumar Singh,J.) Digitally signed by :- MOHAMMAD ISHRAT High Court of Judicature at Allahabad