Neutral Citation No. - 2025:AHC:115677 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18611 of 2025 Applicant :- Javed Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Neha Khan Counsel for Opposite Party :- G.A.,Karunesh Narayan Tripathi Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Ms. Neha Khan, learned counsel for the applicant, Sri Karunesh Narayan Tripathi, learned counsel for the first informant and Sri Ajay Singh, learned A.G.A.-I for the State and perused the material on record. 3. On 03.07.2025 the following order was passed by this Court:- "1. List revised. 2. Ms. Neha Khan, learned counsel for the applicant, Sri Karunesh Narayan Tripathi, learned counsel for the first informant and Sri Ajay Singh, learned A.G.A.-I for State are present. 3. The order-sheet of the matter goes to show that the office has reported through its report dated 02.07.2025 that the original record of the instant bail application has been misplaced somewhere in the office and the office tried its best to trace it out but in vain. Even the order-sheet is misplaced and a duplicate order-sheet has been prepared which has been placed today in Court. 4. This is not acceptable. The records have to be kept diligently and with all seriousness and sincerity. The loss of original bail application, its affidavit and annexures and the order-sheet is a serious issue. 5. Let the Registrar General conduct an enquiry in the matter and give a report within 10 days regarding the status of original records of the bail application and the original order-sheet. The enquiry shall also indicate clearly as to who is the person responsible for the loss of the said records. 6. Let the matter be placed on 17.07.2025 as fresh." 4. The office through its report dated 14.07.2025 has placed in closed envelope a report of the Registrar General. The same was opened under the directions of this Court. 5. The original file of the matter is reported to be traced out and as such the Inquiry Officer through his report dated 11.07.2025 has reported that since the file is not lost no officer / official is responsible for loss. The report be placed on record. No further order needs to be passed in the matter. 6. The Court proceeds to hear the matter from the original records of the bail application which have been sent by the office along with the reconstructed file. 7. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Javed, seeking enlargement on bail during trial in connection with Case Crime No. 545 of 2023, under Section 363, 366, 376(2) (N), 506 I.P.C. & Section 5(L)/6 of POCSO Act, Police Station Bahedi, District Bareilly. 8. The first information report of the present matter was lodged on 05.09.2023 by Mohd. Akram against the applicant and 05 other persons alleging therein that on 05.09.2023 at about 5.00 am his minor daughter aged about 17 years has been lured and enticed away by the applicant. When he woke up in the morning he found his daughter to be missing who was searched but could not be traced. He went to the house of the applicant wherein he was told that she might have gone somewhere and would return back and he may not get disturbed. After waiting for sometime he again went there where he was abused. 9. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the victim went with the applicant out of her own sweet-will and is a consenting party. While placing paragraph 15 of the affidavit it is submitted that they were known to each other and had fallen in love. It is further submitted that the medical examination of the victim does not show any rape being committed on her. The applicant has no criminal history as stated in para 22 and is in jail since 06.07.2024. 10. Per contra, learned counsel for the first informant and learned counsel for the State vehemently opposed the prayer for bail. It is submitted that the date of birth of the victim as per the school records is 01.01.2007 and as such she was aged about 16 years & 09 months at the time of incident. It is further submitted that the medical examination of the victim goes to show that she has received injuries in her private parts. It is submitted that the same goes to show that she has been raped. It is submitted that as such the prayer for bail be rejected. 11. After having heard learned counsel for the parties and perusing the record, it is evident that the applicant is named in the first information report and in the statements of the victim recorded during investigation. She has alleged rape upon her. The medical examination of the victim shows injuries in her private parts, the same reads as under:- "Labira minora- minor cut +nt Injuries & Redness +nt Fourchette & Introitus- Redness +nt Hymen- Ruptured bleeding not present, Redness +nt" 12. The date of birth of the victim as per the school records is 01.01.2007 and as such she was aged about 16 years & 09 months at the time of incident and thus her consent, if any, is of no worth. No ground for bail is made out. 13. 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. 14. Pending application (s), if any, shall stand disposed of. Order Date :- 17.7.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad