Neutral Citation No. - 2025:AHC:40858 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25181 of 2024 Applicant :- Ankit @ Amit Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Santosh Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. In compliance of order of this Court dated 4.9.2024, the C.M.O. Auraiya, is present in Court. His presence is dispensed with. 3. As informed by learned A.G.A., notice has been served to the informant on 5.7.2024. 4. Heard Sri Kalpdev Mishra, learned Advocate holding brief for Sri Santosh Kumar Shukla, learned counsel for the applicant as well as Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 5. Applicant seeks bail in Case Crime No. 73 of 2024, U/S 376, 506 IPC and 3/4(2) of Protection of Children from Sexual Offences Act, Police Station Bela, District Auraiya, during the pendency of trial. ARGUMENTS ON BEHALF OF APPLICANT: 6. The applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. It is stated that he has nothing to do with the said offence. 7. The victim is the consenting party and is 21 years old as per the ossification test report. 8. The applicant is languishing in jail since 21.4.2024 having no criminal history and in case, the applicant is released on bail, he will not misuse the liberty of bail. ARGUMENTS ON BEHALF OF STATE/OPPOSITE PARTY: 9. The bail application has been opposed on the ground that the victim had sustained two injuries on her body, one external i.e. on her lateral aspect of thigh 15 cm above knee joint. The victim was bleeding and redness was found on her private part, as such, the applicant is not entitled for bail. CONCLUSION: 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, the injuries sustained by the victim coupled by the fact that the FIR also alleges the injuries to have been sustained by the victim, without expressing any opinion on the merits of the case, this Court is not inclined to release the applicant on bail. 11. The bail application is, accordingly, rejected. 12. However, it is directed that the aforesaid case pending before the trial court be decided expeditiously, in view of the principle laid down in the recent judgements of the Supreme Court in the cases of Vinod Kumar vs. State of Punjab 2015 (3) SCC 220 and Hussain and Another vs. Union of India (2017) 5 SCC 702, if there is no legal impediment. 13. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 20.3.2025 Shalini (Justice Krishan Pahal) Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad