Neutral Citation No. - 2025:AHC:91668 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17141 of 2025 Applicant :- Brijesh Kumar Yadav @ Chhotu Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ashok Kumar Yadav,Saroj Kumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. As informed by learned AGA, notice to the informant has been served on 17.05.2024 but none is present on behalf of the informant. 2. Heard Sri Saroj Kumar Dubey, learned counsel for the applicant and Sri Arun Kumar Mishra, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 187 of 2025, under Section 65(2) of BNS and Sections 5M/6 of POCSO Act, Police Station - Robertsganj, District - Sonebhadra, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have committed rape with the victim aged about 04 years old, who happens to be the daughter of the informant, on 20.02.2025 at about 06:00 PM. 5. Learned counsel for the applicant has argued that the applicant is innocent and has been falsely implicated in the present case. The FIR has been instituted out of vengeance as the father of the applicant had sold certain land to the informant and he wanted to take possession of land more than the sale-deed executed. 6. Learned counsel has further stated that the informant himself has given an affidavit before the trial court on Rs.20/- stamp paper stating that the FIR has been instituted on false fact rather the victim has sustained injuries at the time of playing with her friends. 7. Learned counsel has next contended that it is a clear cut case of false implication as the applicant has strong alibi. The applicant is a student of BA-III year Vth Semester and had appeared in the exam on the date of offence from 01:00 PM to 03:00 PM and the examination centre is far away i.e. more than 10 km from the place of occurrence, as such, it was not possible for him to present at the place of occurrence at the time alleged in the FIR. 8. Learned counsel has also contended that the injuries sustained by the victim does not match with the allegations made in the FIR as she had sustained the same during play. It is further stated that there is no criminal history of the applicant. The applicant is languishing in jail since 21.02.2025. In case, the applicant is released on bail, he will not misuse the liberty of bail. 9. Per contra, learned A.G.A. has vehemently opposed the bail application on the ground that the victim was 04 years old only and the FIR is prompt instituted within four hours of the incident. The injury report categorically mentions that there was perianal contusions present on the body of the victim and the said fact has been fortified in the statement of the victim recorded u/s 183 BNSS, as such, he is not entitled for bail. 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 considering the age of the victim being four years old only and the allegations made in the FIR being corroborated by the medical evidence coupled by the fact that the FIR is prompt, 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:- 28.5.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad