Neutral Citation No. - 2025:AHC:140869 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25890 of 2025 Applicant :- Saudan Alias Kaka Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Abhishek Chauhan,Anurodh Tripathi Counsel for Opposite Party :- G.A.,Rajesh Prasad Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Abhishek Chauhan, learned counsel for the applicant, Sri Rajesh Prasad, learned counsel for the first informant and Sri Ajay Singh, learned A.G.A.-I for the State and perused the material on record. 3. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Saudan @ Kaka, seeking enlargement on bail during trial in connection with Case Crime No. 49 of 2025, under Section 65(2) B.N.S. and 5M/6 POCSO Act, Police Station Gandhi Park, District Ali Nagar. 4. The first information report of the present matter was lodged on 04.02.2025 by Bani Singh against the applicant alleging therein that on 04.02.2025 at about 12:30 pm his daughter aged about 05 years was taken by the applicant to a place which was under construction where he outraged her modesty. On shrieks of his daughter he reached there on which the accused ran away. He then informed the police on 112 number. His report be 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 the trial in the present matter is going on in which the first informant has been examined as P.W.-1 who has stated that he does not know as to what was written in the first information report since he is illiterate and he had signed it and given it at the police station. While placing paragraph 12 of the affidavit it is submitted that the applicant is an aggressive and violent man who always used to beat his wife & children and the applicant being neighbour used to interfere and stop the dispute but the atrocity of the informant did not stop due to which his wife along with her children left him and went away. While placing paragraph 13 of the affidavit it is submitted that due to the interference of the applicant, the informant was aggrieved and so he had beaten the applicant and his wife of which a report was given at the police station but the same was not lodged and the informant in collusion with the police has lodged a false case against the applicant. The applicant has no criminal history as stated in para 16 and is in jail since 04.02.2025. 6. Per contra, learned counsel for the first informant and learned counsel for the State vehemently opposed the prayer for bail and submitted that the applicant is named in the first information report and in the statements of the victim recorded during investigation. It is further submitted that the victim is a girl aged about 05 years and her medical examination supports the prosecution case. It is submitted that the present bail application be rejected. 7. After having heard learned counsel for the parties and perusing the record, it is evident that the applicant is named in the first information report and in the statements of the victim recorded during investigation. The victim is a girl aged about 05 years. There are allegations of sexual assault by the applicant on the victim. The medical examination of the victim shows that the hymen was freshly torn at 7 'o' clock tears present and redness was present and blood was oozing out from the tear side. The doctor also opined that there are signs suggestive of recent use of forcible penetration of vagina. The same thus corroborates with the prosecution story. The trial in the matter has started in which one witness has been examined. No ground for bail is made out. 8. Looking to the facts and circumstances of the case, this Court does not find it a fit case for bail, hence, the bail application is rejected. 9. Pending application (s), if any, shall stand disposed of. Order Date :- 19.8.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad