Neutral Citation No. - 2025:AHC:43011 Court No. - 52 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18196 of 2024 Applicant :- Pushpendra Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Sandeep Kumar,Shravana Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J. Heard Mr. Sandeep Kumar, learned counsel for the applicant, Mr. Mayank Awasthi, learned A.G.A. for the State and perused the record. This second bail application has been filed on behalf of the applicant- Pushpendra to enlarged him on bail in Case Crime No.291 of 2022, under Section 354, 376 I.P.C. and Section 3/4 Protection of Children From Sexual Offences Act, Police Station Nakur, District Saharapur, during pendency of trial. The first bail application of the applicant was dismissed by this Court vide order dated 12.12.2022. Learned counsel for the applicant submits that despite passage of time out of 10 prosecution witnesses only three have been examined, therefore, there is no chance of trial being concluded in near future. The applicant is languishing in jail since 01.08.2022 having no previous criminal history. In support of his submission, learned counsel for the applicant has relied upon a judgment of Apex Court in the case of Union of India Vs. K.A. Najeeb reported in AIR 2021 Supreme Court 712 and a judgment of this Court in the case of Ravi Prakash Rai Vs. State of U.P. and another 2023:AHC:16101. It is lastly contended that the in case he is released on bail, he will not misuse the liberty of bail. Per contra learned AGA vehemently opposed the prayer of bail and contended that after rejection of first bail application no new ground has been mentioned for second bail; that trial is in progress and there is every likelihood of its early disposal. He further submits that the victim has supported the prosecution case in her statement. As regards the judgments relied upon by counsel for the applicant, he submits that the same are not relevant in the facts of the present case this is a case of rape of 15 years old minor girl with offence under Section 3/4 POCSO Act; that applicant if released on bail shall misuse liberty of bail. Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, looking at the age of the victim and the evidence available on record, at this stage without commenting on the merits of the case, I do not find it a fit case for bail. The second bail application of applicant Pushpendra is accordingly, rejected. However, the trial court is requested to conclude the trial expeditiously, if possible, within a period of one year. Order Date :- 20.3.2025 Abhishek Singh Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad