HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 21628 of 2025 Court No. - 64 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Sri Rajesh Mishra, learned counsel for the applicant, Sri Jaideep Singh, Advocate, holding brief of Sri Digvijay Singh, learned counsel for the first informant, Sri Birendra Pratap Singh, learned AGA for the State and perused the material on record. 3. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Anuj Balmiki seeking enlargement on bail during trial in connection with Case Crime No. 413 of 2025, under Section(s) 70(2) of Bhartiya Nyaya Sanhita and Section 5(G)/6 of POCSO Act, registered at P.S. Majhola, District- Moradabad. 3. The F.I.R. of the matter was lodged on 09.5.2025 by Ashok against the applicant/Anuj Balmiki and two others namely Arun and Aman alleging therein that his daughter aged about 15 years was alone on 09.5.2025 at about 15:30 hours in the house and her mother had gone to jungle. His daughter was going from the house to the house of her grand-parents on which three boys came from behind and caught hold of her and gagged her mouth and took her in the house of his neighbour Mukesh. The said three boys committed rape upon her. Names of the boys are Anuj, Arun and Aman. A report be lodged and action be taken. 4. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted while placing para-14 Versus Counsel for Applicant(s) : Akhilesh Kumar, Rajesh Mishra Counsel for Opposite Party(s) : Digvijay Singh, G.A., Sudhir Kumar Singh Anuj Balmiki .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) of the affidavit that the victim and the accused are the residents of the same village and previous enmity existed between their families and the informant on account of some issues of land of which the informant had taken possession, was inimicle of him. It is submitted that it is impossible that three persons would commit rape on the victim but she has not received any injuries on her body. It is submitted while placing the site plan of the alleged place of occurrence that Investigating Officer has not shown the place from where the victim was taken away by the accused and thus the prosecution story is not truthful. It is submitted that the medical examination of the victim does not show any injury on her private parts. It is submitted that the applicant is having no criminal history as stated in para-21 of the affidavit and is in jail since 11.5.2025. 5. Per contra, learned A.G.A. and learned counsel for the first informant opposed the prayer for bail and submitted that the victim is a minor girl aged about 14 years. It is submitted that charge sheet in the matter has been submitted against the applicant and two other accused persons. It is submitted that medical examination of the victim shows that she has received injury on her person which was opined by the doctor as to have caused by hard and blunt object although nature of the injury was opined to be simple but the same goes to show that she has received injury on her body. It is submitted that the applicant is named in the F.I.R. and in the statements of the victim recorded during investigation. 6. After having heard learned counsels for the parties and perusing the records, it is evident that the victim is a minor girl aged about 14 years. The applicant is named in the F.I.R. and in the statements of the victim recorded during investigation. One external injury was found on the body of the victim. There is no reason shown which would be convincing for false implication. 7. Looking to fact and circumstances of the case, nature of evidence and gravity of offence, I do not find it a fit case to release the applicant on bail. 8. Accordingly, the bail application is rejected. August 25, 2025 Naresh BAIL No. 21628 of 2025 2 (Samit Gopal,J.) Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad