Neutral Citation No. - 2025:AHC:73765 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15233 of 2025 Applicant :- Saleem Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Santosh Kumar Mishra,Tej Prakash Mishra Counsel for Opposite Party :- G.A.,Umair Mahmood Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Santosh Kumar Mishra, learned counsel for applicant, Sri Umair Mahmood, learned counsel for the informant as well as Sri Sunil Kumar, learned A.G.A. for the State. 3. The present bail application has been filed by the applicant in Special Case No.1104 of 2024 (State vs. Saleem), arising out of Case Crime No.172 of 2024, under Sections 376A, B I.P.C., 5M/6 POCSO Act and 3(2)V SC/ST Act, Police Station- Najibabad, District- Bijnor with the prayer to enlarge him on bail. 4. Learned counsel for the applicant has stated that he has been falsely implicated in the present case. He has placed much reliance on the statement of PW-7, the doctor who conducted the medical examination of the victim. There is no internal or external injury found on the body of the victim. Her hymen were found intact, as such, no offence is made out against the applicant. 5. Learned counsel for the applicant has further stated that it is true that victim is minor aged about 6 years but the allegations are per se false. The applicant and informant both were working in a brick-kiln and there was money dispute between the parties, as such, the applicant has been falsely implicated in this case. 6. Learned counsel for the applicant has further argued that the prosecution evidence is complete and the case is posted for the statement of accused U/s 313 Cr.P.C. The statement of last witness i.e. Investigating Officer is being recorded as his cross- examination is continued. There is no likelihood of conclusion of trial in near future, as such, the fundamental rights of the applicant enshrined under Article 21 of the Constitution of India stand violated. 7. It is further argued by learned counsel for the applicant that the applicant is languishing in jail since 7.4.2024, as such, he is incarcerated for more than one year. There is no criminal history of the applicant. The applicant is ready to co-operate with trial. In case, he is released on bail, he will not misuse the liberty of bail. 8. Per contra, learned A.G.A. and learned counsel for the informant have vehemently opposed the bail application on the ground that the allegations are serious in nature. The applicant has committed aggravated sexual assault with the victim aged about 6 years only, which indicates mental depravity and the trial is almost at its conclusive end, as such, the applicant is not entitled for bail. 9. After hearing learned counsel for the parties and taking into consideration the age of the victim and the status of trial being almost at its conclusive end, I do not find it a fit case for grant of bail to the applicant. 10. The bail application is found devoid of merits and is, accordingly, rejected. 11. 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 :- 7.5.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad