Neutral Citation No. - 2025:AHC:128381 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20584 of 2025 Applicant :- Shiva Kant Alias Shiva Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Rakesh Dubey Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Rakesh Dubey, learned counsel for the applicant, Sri Ram Prakash Shukla, learned AGA for the State and perused the material on record. 3. This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant-Shiva Kant alias Shiva, seeking enlargement on bail during trial in connection with S.S.T. No.369 of 2022, Case Crime No.29 of 2022, under Sections 363, 376AB IPC and Section 5(M)/6 POCSO Act, 2012, P.S. Sajeti, District Kanpur Nagar. 4. The FIR of the matter was lodged on 26.1.2022 by Shamshad Khan against the applicant alleging therein that on 25.1.2022 at about 21:30 hours his daughter aged about 8 years who used to speak less was searched in the house but could not be traced. On search it transpired that the applicant aged about 40 years had lured his daughter and had taken her away to his home where they went and found his daughter to be in a nude condition. He brought his daughter outside and informed the police. His daughter is illiterate and has never gone to school. She by actions and gestures informed her mother that the applicant has committed illegal act on her. A report be lodged and action be taken. 5. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that Shamshad Khan, the first informant was examined as P.W.1 who stated in his cross-examination that since the accused has not spent money and thus he has been implicated in the present matter. It is argued that the victim was examined as P.W.2 before the trial court who was deaf and dumb and thus a special educator was called and his help was taken for recording of her statement, as such there is no credibility of recording the version given by the victim. It is further argued that the doctor who conducted the medical examination of the victim was examined as P.W.4 being Dr. R.K. Gupta who has stated that the victim was aged about 11 years whereas she stated her age to be eight years, as such there is no credibility of implication of the applicant in the present matter. It is further argued that the victim was not found to have received any injury either on her body or on her private parts and as such there is no corroboration of the allegations through medical evidence. It has also been pointed out that the applicant is not having any criminal history as stated in para 35 of the affidavit and is in jail since 27.1.2022. 6. Per contra learned counsel for the State vehemently opposed the prayer for bail and argued that the victim is a minor girl aged about eight years. She has levelled allegations against the applicant of sexual assault on her. It is further argued that there is no reason for false implication of the applicant. The trial in the present matter is going on in which four witnesses have been examined and even the first informant and the victim have been examined who have supported the prosecution case and thus release of the applicant at this stage may have an adverse effect in the trial. Looking to the gravity of the incident, the present bail application of the applicant be rejected. 7. After hearing the counsel for the parties and perusing the record, it is evident that the victim is a minor girl aged about eight years. She is a deaf and dumb girl. Her statement has been recorded with the help of special educator. The first informant and the victim have supported the prosecution case. The trial in the matter is going on in which four witnesses have been examined. No ground for false implication has been shown. 8. 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 :- 31.7.2025 Gaurav Kuls Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad