HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 21488 of 2024 Court No. - 66 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Sri Ravi Prakash Singh, learned counsel for the applicant, Sri Deepak Singh, learned counsel for the first informant and Sri Devendra Nath Mishra, learned counsel for the State and perused the material on record. 3. This bail application under section 439 Cr.P.C. has been filed by the applicant Arjun with a prayer to release the him on bail in Case Crime No.730 of 2023, under Sections 363, 376-D, 308 IPC & Section 5(G)/6 POCSO Act, Police Station Kotwali Dehat, District Bulandshahr during the pendency of his trial. 4. The first information report of the present matter was lodged on 31.12.2023 by Smt. Bharti against Hemant and Arjun alleging therein that on 31.12.2023 at about 3:00 am, her daughter aged about 13 years was enticed away by the accused persons. A report be lodged lodged and action be taken. 5. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that victim met a road accident and was taken to the Hospital by the applicant and admitted there by him on 31.12.2023 at about 4:00 a.m. It is further submitted that subsequently, there was some dispute between the first informant and the applicant regarding the charges made in the Hospital and thus the FIR was lodged on the basis of false and concocted allegations. It is also submitted that victim was found to have received head injury but there is no injury Versus Counsel for Applicant(s) : Ravi Prakash Singh Counsel for Opposite Party(s) : Deepak Singh, G.A., Jitendra Singh Arjun .....Applicant(s) State Of UP And 3 Others .....Opposite Party(s) whatsoever regarding any sexual assault. It is further submitted that the applicant is having no criminal history as stated in the para-28 of the bail application. The applicant is in jail since 15.01.2024. 6. Per contra, learned counsel for the State vehemently opposed the prayer for bail and submitted that the applicant is named in the FIR and also in the statements of the victim recorded under sections 161 Cr.P.C. and 164 Cr.P.C. and he has been assigned the role of committing rape upon the victim alongwith the co-accused Hemant. The present case is a case of gang rape. It is further submitted that insofar as the victim is concerned, she was brought to the Hospital in a stage of coma and till 25.02.2024 for about two months, she remained unconscious and after she remained consciousness then her statements were recorded. Insofar as the applicant is concerned, documents as have been placed on record in the supplementary affidavit dated 23.06.2024 on behalf of the applicant go to show that he and co- accused Hemant who had brought the victim to the Hospital on 31.12.2023 at about 4:00 am and admitted her there, which would show that victim was in the custody of the said two persons and even the applicant had disclosed his name in the Hospital that he is brother of the victim, which is totally false. It is also submitted that bail application of the co-accused Chotu Alias Ayush has been rejected by the co-ordinate Bench of this Court vide order dated 23.10.2024 passed in Criminal Misc. Bail Application No. 33459 of 2024 (Chotu Alias Ayush vs. State of U.P. and three others). Copy of the order has been produced by the learned counsel for the State, which is taken on record. It is also submitted that the fact that the said persons were with the victim, cannot be disputed and denied, since, the applicant and co- accused Hemant brought the victim to the Hospital after an hour of the alleged incident in unconscious condition and the applicant and co-accused Hemant are named in the FIR. 7. After having heard learned counsel for the parties and perusing the record, it is evident that the applicant is named in the FIR and the victim was admitted in the Hospital by the applicant and co-accused Hemant for one hour of the alleged incident in unconscious stage and she remained unconscious till 25.02.2025, i.e. after two months of the alleged incident. The bail application of the co-accused Chotu Alias Ayush has been rejected by this Court as stated above. 8. Looking to the facts and circumstances of the case, this Court does not BAIL No. 21488 of 2024 2 find it a fit case for bail, hence, the bail application is rejected. 9. Pending application (s), if any, shall stand disposed of. October 7, 2025 Monika BAIL No. 21488 of 2024 3 (Samit Gopal,J.) Digitally signed by :- MONIKA KESARWANI High Court of Judicature at Allahabad