Neutral Citation No. - 2025:AHC:100709 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19229 of 2025 Applicant :- Abid Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Manish Kumar Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Manish Kumar, learned counsel for the applicant, Sri Sunil Kumar Tripathi, learned counsel for the first informant and Sri Bade Lal Bind, learned counsel for the State and perused the material on record. 3. The Vakalatnama of Sri Sunil Kumar Tripathi, learned counsel for the first informant is not on record. Office to trace out the same and place it on record and make a note in the order-sheet. 4. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Abid, seeking enlargement on bail during trial in connection with Case Crime No. 577 of 2024, under Sections 137(2), 87, 123, 127(2), 65(1) B.N.S. and Section 5(L)/6 POCSO Act, Police Station Sector-113, District Gautam Budh Nagar. 5. The first information report of the present matter was lodged on 24.12.2024 by Naveen Kumar against unknown person alleging therein that on 24.12.2024 at about 8 am his daughter aged about 14 years has gone from the house without telling anyone. She was searched a lot but could not be traced. 6. Subsequently the victim was recovered on 29.12.2024 and her statements under Section 180 B.N.S.S. and 183 B.N.S.S. were recorded. 7. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that no ossification test of the victim was conducted to ascertain her age and as such stating that she is aged about 14 years is a false version. While placing paragraph 16 of the affidavit it is submitted that the applicant and the victim used to talk to each other but the first informant was not happy and tried to make pressure upon the applicant not to do so and subsequently lodged the present first information report. It is submitted that the investigation in the matter has concluded and charge-sheet has been submitted against the applicant, paragraph 13 has been placed before the Court. It is submitted that the applicant is aged about 20 years and as such there was not much difference of age between the applicant and the victim and both were friends. The applicant has no criminal history as stated in para 12 and is in jail since 29.12.2024. 8. Per contra, learned counsel for the first informant and learned counsel for the State vehemently opposed the prayer for bail. Learned counsels submitted that the victim was aged about 14 years at the time of the incident as her date of birth as per the school records of class-9 is 02.05.2010. It is submitted that the victim has named the applicant in her statements recorded during investigation and has levelled allegations against him. It is submitted that the victim is a minor. It is submitted that the prayer for bail be rejected. 9. After having heard learned counsel for the parties and perusing the record, it is evident that the victim is aged about 14 years. The applicant is named in the statements of the victim and there are allegations of his taking away the victim and committing sexual assault on her. No ground for bail is made out. 10. Looking to the facts and circumstances of the case, this Court does not find it a fit case for bail, hence, the bail application is rejected. 11. Pending application (s), if any, shall stand disposed of. Order Date :- 1.7.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad