Neutral Citation No. - 2025:AHC:85572 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17480 of 2025 Applicant :- Kalua Alias Sachin Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Akhilesh Srivastava,Saksham Srivastava Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Saksham Srivastava, learned counsel for applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Learned A.G.A. has informed that the notice to the informant has been served on 09.05.2025. 4. The present bail application has been filed by the applicant in Case Crime No.331 of 2024, under Sections 70(2), 351(3) B.N.S., 2023, Section 5g/6 POCSO Act and Section 67 I.T. Act, Police Station Narsena, District Bulandshahr with the prayer to enlarge him on bail. 5. As per prosecution story, the applicant is stated to have forced the victim into the sugarcane field and committed rape with her on 06.12.2024 at about 4:30 a.m. when she had gone to ease herself out. 6. Learned counsel for the applicant has stated that the FIR is delayed by more than sixteen hours and there is no explanation of the said delay caused. The prosecution story does not stand fortified by medical evidence, although some bleeding is stated to have been observed by the doctor but that was naturally due to her menstruation cycle as it is observed by the doctor that her menstrual period started from 05.12.2024 and the incident is of 06.12.2024. 7. Learned counsel for the applicant has further stated that it is also mentioned there that the said period lasted for 3-4 days, as such, it is a clear-cut case of false implication. The applicant had seen the victim in a compromising state with some unknown person and had threatened her to reveal the said matter to her parents, as such, the applicant has been falsely implicated in the present case. 8. Learned counsel for the applicant has also stated that the video is stated to have been clicked by co-accused person Shiva and not the applicant, as such, the provisions of Section 67 I.T. Act have not been attracted against the applicant. 9. Learned counsel for the applicant has further stated that there is another witness Smt. Pooja who has stated that she was also tried to force into agricultural field, but she escaped and out of fear came back and did not reveal the matter to the parents of the victim. She has concealed the matter. The applicant is in jail since 07.12.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 10. Per contra, learned A.G.A. has vehemently opposed the bail application on the ground that it is true that the doctor examining the victim had found her to be menstruating at the said time of incident, but she has observed injuries in her vital part, which cannot be explained by the said fact as she was having inflammation on her private part and there was 1 x 1 c.m. linear tear at 6 o'clock on her private part and she was bleeding. 11. Learned A.G.A. has further stated that the victim is 14 years old, as such, the applicant is not entitled for bail. 12. After hearing learned counsel for the parties and taking into consideration the injuries sustained by the victim coupled with the fact that the said allegations have been reiterated by the victim in her statement recorded under Section 183 B.N.S.S., I do not find it a fit case for grant of bail to the applicant. 13. The bail application is found devoid of merits and is, accordingly, rejected. 14. However, it is directed that the aforesaid case pending before the trial court be decided expeditiously as early as possible in view of the principle as has been laid down in the recent judgments 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. 15. 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 :- 21.5.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad