Neutral Citation No. - 2025:AHC:3194 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50323 of 2023 Applicant :- Sachin Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Sudhanshu Kumar Singh Counsel for Opposite Party :- Dhirendra Kumar Verma,G.A.,Jai Prakash Singh,Renu Swarnkar Hon'ble Sanjay Kumar Singh,J. Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and Mr. Jai Prakash Singh, learned counsel appearing for HCLSC. By means of this second bail application under Section 439 of Cr.P.C., applicant Sachin Kumar, who is involved in Case Crime No. 214 of 2022, under Sections 363, 366, 376 IPC and Section 3/4 POCSO Act, police station Eka, district Firozabad seeks enlargement on bail during the pendency of trial. The first bail application of the applicant was rejected vide order dated 19.04.2023 passed in Criminal Misc. Bail Application No. 47154 of 2022. Brief facts of the case are that initially, the first information report was lodged by father of the victim on 22.07.2022 for the offence under Sections 363 and 366 IPC against unknown person with regard to missing of the victim since 19.07.2022. The victim was recovered on 25.07.2022 and thereafter, her statements under Section 161 and 164 Cr.P.C. were recorded, in which she disclosed the entire happening with her giving vivid description of the incident making allegation of committing rape on her against the applicant and she has also disclosed that the applicant took her to Agra and thereafter Aligarh where he forcibly putting vermilion on her forehead solemnized marriage with her. Main substratum of argument of learned counsel for the applicant is that there are contradictions in the statements of the victim recorded before the trial Court, therefore, the applicant, who is languishing in jail since 27.07.2022 may be enlarged on bail. Per contra, learned A.G.A. for the State and learned counsel appearing for HCLSC vehemently opposed the prayer for bail of the applicant by contending that on 19.04.2023, statement of the victim has been recorded before the trial Court as PW-2 and she in her examination-in-chief supported the prosecution case making allegation inter alia that she was kept by the applicant in the house of his aunt and committed rape on her. Hence, bail application of the applicant is liable to be rejected. Having heard learned counsel for the parties and examined the matter in its entirety, I find that so far as allegation of rape against the applicant is concerned, the same is intact in the statements of the victim recorded during investigation and before the trial Court. Since the allegation of the prosecution and defence of the accused are still open to be urged before the trial Court, therefore, this Court in exercise of powers under Section 439 Cr.P.C. is not examining the statement of the prosecution witnesses meticulously, so that it may not affect the trial of the applicant. Considering the overall facts and circumstances of the case as well as keeping in view the submissions advanced on behalf of parties, gravity of offence, role assigned to applicant, severity of punishment and statement of the victim recorded before the trial Court, I do not find any good ground to release the applicant on bail. Accordingly, the bail application of the applicant is rejected. It is made clear that the observations contained in the instant order are confined to the issue of bail and shall not affect the merit of the trial. However, considering the detention period of the applicant as noted above, Superintendent of Police, Firozabad is directed to ensure production of remaining prosecution witnesses on the dates fixed before the trial Court, so that trial of the applicant may be concluded at the earliest. On appearance of the prosecution witnesses, trial Court shall record their statements on the same day without granting unnecessary adjournment to either of the parties. A copy of this order be communicated to the Superintendent of Police, Firozabad and the trial Court within two weeks for information and compliance. Order Date :- 7.1.2025 Shubham Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad