Neutral Citation No. - 2025:AHC:140502 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27064 of 2024 Applicant :- Sani @ Lalit Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Aqueel Ahmad,Vaibhav Tyagi Counsel for Opposite Party :- G.A. Hon'ble Santosh Rai,J. 1. Heard learned counsel for the applicant, learned AGA for the State-respondents and perused the record. 2. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant, Sani @ Lalit, seeking enlargement on bail in Case Crime No.218 of 2024, under Sections 452 and 377 of the Indian Penal Code and 5/6 of the Protection of Children from Sexual Offences Act, 2012, Police Station Harduaganj, District Aligarh. 3. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number. He further argued that the accused applicant has illicit relationship with the mother of the victim but no reliable evidence is available on record at this stage. The victim was about three and eight months at the time of incident. Chargesheet has already been filed by the Investigating Officer. The applicant has not committed any offence as alleged in the F.I.R.. Therefore, no case under Sections 452 and 377 I.P.C. and and 5/6 of the Protection of Children from Sexual Offences Act, 2012 is made out against the applicant. The applicant has no previous criminal history and he is in jail since 21.04.2024. 4. Learned A.G.A. has vehemently opposed the submission of learned counsel for the applicant. He submitted that as per F.I.R. version, the victim was minor. Specific role has been assigned to the accused-applicant. Statement of the victim has been recorded under Section 164 Cr.P.C. before the Magistrate in which he has specifically stated that accused-applicant has committed unnatural sex with him. 5. After perusal of the relevant records in the light of arguments advanced by learned counsel for the defend and learned A.G.A. and considering the facts and circumstances of the case in totality, age of the victim (about four years), statement of victim recorded under Section 164 Cr.P.C. and submissions advanced by learned counsel for the parties and looking to seriousness, severity of punishment and gravity of offence, evidence, complicity of the accused, I do not find it is a fit case for bail to the applicant. 6. Accordingly, the bail application of the applicant- Sani @ Lalit involved in the aforesaid case crime, is hereby rejected Order Date :- 18.8.2025 Asha Digitally signed by :- ASHA High Court of Judicature at Allahabad Digitally signed by :- ASHA High Court of Judicature at Allahabad