HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 49384 of 2023 Court No. - 71 HON'BLE SANJAY KUMAR SINGH, J. 1. Heard Sri Sudhir Bharti, learned counsel for the applicant, learned Additional Government Advocate representing the State as well as learned counsel appearing on behalf of the first informant. 2. By means of this second bail application, the applicant, who is involved in Case Crime No. 506 of 2021, under Sections 354, 376 I.P.C. and 5(N)/6, 9(N)/10 of POCSO Act, police station Kakore, district Bulandshahar, seeks enlargement on bail during the pendency of trial. The first bail application of the applicant was rejected vide order dated 14.03.2022 in Criminal Misc. Bail Application No. 4879 of 2022. 3. There are two victims of the case. The facts that have given rise to the present applications are that both mother and father of the victims have left for their heavenly abode and both the victims were living with the applicants who are step brother-in-law (Jija) and maternal uncle (Mausa) of the victims. The allegations against the applicants are that they used to sexually exploit the victims. The victims narrated the incident to their maternal aunt (Mausi) and step sister about the misdeed of the applicants, but they did not pay any heed to the allegations of the victim. Ultimately, the victims have disclosed the aforesaid facts to the teacher of the school, where they were studying, who informed the Child Welfare Committee. Thereafter, both the children were rescued on 01.12.2021 from the school and admitted to Sakhi One Stop Centre and their medical was got conducted and statements recorded. Thereafter, the first information report has been lodged by one of the victim Laxmi at case crime No. 506 of 2021, under Sections 354, 376 IPC and 5(N)/6 and 9(N)/10 of POCSO Act, police station Kakore, district Versus Counsel for Applicant(s) : Sudhir Bharti Counsel for Opposite Party(s) : G.A. Naresh @ Bhura .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) Bulandshahr with the allegations that she along with her sister Gauri live in the house of her step sister. Her maternal uncle (Mausa) used to insert his toe in her vagina and also commit misdeed with them due to which she suffered severe pain in genital parts. The FIR further recites that applicant-Naresh alias Bhura used to press her breast. 4. The main substratum of argument of learned counsel for the applicant is that the applicant is languishing in jail since 04.12.2021, but his trial has not been concluded and, therefore, considering the detention period of the applicant, he may be enlarged on bail. 5. On the other hand learned Additional Government Advocate as well as learned counsel appearing on behalf of the first informant opposed the prayer for bail of the applicant by contending that both the victims are minor child, who have been sexually exploited by Naresh @ Bhura and Tejpal who are step brother-in-law (Jija) and maternal uncle (Mausa) of the victims. It is pointed out that the statements of both the victims have been recorded before the learned trial court as PW-I and PW-II, in which they supported the prosecution case and made serious allegation of sexual abuse on her against the applicant and co-accused Tejpal. Therefore, considering the statement of the victims recorded before the trial court, bail application of the applicant is liable to be rejected. 6. Having heard the submissions of learned counsel for the parties and going through the record of the case, I find that it is not in dispute that victims are minor child, they have made serious allegation of sexual exploitation against the applicant and co-accused Tejpal. The offence is heinous in nature and trial of the applicant is proceeding, hence in the light of the statement of the victim as well as considering the judgement of the Hon'ble Apex Court in X Vs State of Rajasthan and another, 2024 SCC OnLine SC 3539, I do not find any good ground to release the applicant on bail. 7. Accordingly, the bail application is rejected. 8. However, considering the detention of the applicant, the Senior Superintendent of Police, Bulandshahar is directed to ensure the production of all the remaining prosecution witnesses on the dates fixed before the trial court. On appearance of the prosecution witnesses, the trial court shall record their statements on the same day and opportunity of cross- examination shall be given in continuation of the examination-in-chief of the BAIL No. 49384 of 2023 2 prosecution witnesses. 9. The trial court is directed to make an endeavour to conclude the trial, expeditiously without granting any adjournment to either of the parties. 10. Office is directed to send a copy of this order to the Senior Superintendent of Police, Bulandshahar as well as concerned trial court for information and compliance. October 10, 2025 T.S. BAIL No. 49384 of 2023 3 (Sanjay Kumar Singh,J.) Digitally signed by :- TRIBHUWAN SINGH High Court of Judicature at Allahabad