Neutral Citation No. - 2025:AHC:124175 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18942 of 2025 Applicant :- Guddu Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Dharmendra Kumar Chaubey,Pravin Kumar Tiwari Counsel for Opposite Party :- Abhay Kumar Pandey,Aqueel Ahmad,G.A.,Vinit Kumar Srivastava Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Dharmendra Kumar Chaubey, learned counsel for the applicant, Sri Aqueel Ahmad, learned counsel for the first informant, Sri Ajay Kishore Shukla, learned counsel for the State and perused the material on record. 3. The Vakalatnama of Sri Aqueel Ahmad is not on record despite his name being printed in the cause list. Office to trace the same and place it on record and make a note in the order sheet about it. 4. This bail application under Section 483 of BNSS has been filed by the applicant- Guddu Kumar, seeking enlargement on bail during trial in connection with Case Crime No. 36 of 2025, under Section 87, 65(1) of B.N.S and Section 5(L)/6 of POCSO Act, registered at Police Station Jewar, District Gautam Budha Nagar. 5. The FIR of the matter was lodged on 29.01.2025 by Omveer Singh against the unknown person alleging therein that on 28.01.2025 at about 9:00 A.M, his daughter aged about 15 years having date of birth as 01.01.2010 went to the school along with her friends but did not return back. A report be lodged and action be taken. 6. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the victim in her statement recorded under Section 180 BNSS states of going with the applicant but does not state of any sexual assault on her. It is submitted that subsequently in statement of the victim recorded under Section 183 BNSS, she for the first time states that the applicant committed sexual assault on her. It is further submitted that investigation in the matter has concluded and charge sheet has been submitted, paragraph 16 and Annexure-8 has been placed for the same. It is submitted that as such the version of the victim is not consistent. It has also been pointed out that the applicant is not having any criminal history as stated in para 24 of the affidavit and is in jail since 04.02.2025. 7. Per contra learned counsel for the first informant and learned counsel for the State vehemently opposed the prayer for bail and argued that as per the school records the date of birth of the victim is 01.01.2010 and as such at the time of the incident she was aged about 15 years and is a minor. It is submitted that the victim in her statements recorded during investigation states of the applicant kidnapping her and also states of sexual assault on her by the applicant in her statement under Section 183 BNSS. It is submitted that the applicant is involved in the present matter and as such bail application of the applicant be rejected. 8. After hearing the counsel for the parties and perusing the record, it is evident that the victim is a minor girl. The allegation in the statements of the victim against the applicant is of kidnapping her and then subsequently establishing physical relationship. No ground for bail is made out. 9. Looking to the facts and circumstances of the case, I do not find it a fit case for bail, hence, the bail application is rejected. (Samit Gopal, J.) Order Date :- 28.7.2025 PS Digitally signed by :- POOJA SHARMA High Court of Judicature at Allahabad