Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 28211 of 2025 Court No. - 5 HON'BLE SAURABH SHYAM SHAMSHERY, J.
1. Heard Sri Irshad Ahmad, learned counsel for applicant and Sri Bhupendra Pal Singh, learned AGA for State.
2. This is second bail application filed by applicant-Danish in Case Crime No. 0018 of 2023, under Sections 376, 511 IPC, 11, 12 and 18 of POCSO Act and 75 of Juvenile Justice Act, 2015, Police Station Mugalpura, District Moradabad. First bail application of applicant was rejected vide order dated 10.05.2024.
3. At this stage the Court cannot ignore the consistent statement of victim, a minor girl of 8 years, who remained consistent even in her cross- examination also to consider the submission of learned counsel for applicant referring to part of testimony of mother of victim that it may be a case of false implication due to prior enmity.
4. In aforesaid circumstances, the period of incarceration which is just less than two and half years cannot be considered to be a prolonged detention, whereas trial is substantially progressed.
5. The application is accordingly dismissed. September 9, 2025 AK Versus Counsel for Applicant(s) : G.A., Irshad Ahmad Counsel for Opposite Party(s) : G.A. (Saurabh Shyam Shamshery,J.) Danish .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad