Neutral Citation No. - 2025:AHC:39893 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28048 of 2024 Applicant :- Dharmendra Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ajay Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. As informed by learned AGA, notice to the informant has been served on 27.07.2024 but none is present on behalf of the informant. 2. As per office report dated 24.09.2024, the original ossification test report of the victim was sent back to the trial court and the photocopy of the same has been retained. As per the said ossification test report dated 4.9.2024, the age of the victim has come out to be 16 years. 3. Heard Sri Ajay Kumar Srivastava, learned counsel for the applicant and Sri Sunil Kumar, learned A.G.A. for the State and also perused the material placed on record. 4. Applicant seeks bail in Case Crime No. 25 of 2024, under Sections 376 & 506 of IPC and Sections 3/4 of POCSO Act, Police Station - Shahpur, District - Muzaffar Nagar, during the pendency of trial. 5. As per prosecution story, the applicant is stated to have called the victim to the agricultural field and after administering some liquor to her, had committed rape with her. The informant is stated to have called her, as such, the victim reached the house and informed the informant about the incident. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. The FIR is delayed by about one day and there is no explanation of the said delay caused. 6. Learned counsel has also stated that the victim has stated before the Doctor, who had conducted her medical examination, that she was subjected to rape by the applicant but the medical report does not corroborate the prosecution story as only redness was present. Even the said allegations that the applicant administered some liquor to her do not stand fortified by her statement. She has also stated before the doctor that the applicant had offered her cold drink and after taking the same, she started feeling some dizziness. The said allegations are per se false. The victim by her looks seems to be major but as per her ossification test report dated 4.9.2024, her age has come out to be 16 years. 7. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. There is no criminal history of the applicant. The applicant is languishing in jail since 30.01.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Per contra, learned AGA has vehemently opposed the bail application on the ground that there is redness present on the vital part of the victim and it is true that the medical examination has been taken up on the third day of the incident i.e. on 30.01.2024, as such, the applicant is not entitled for bail. 9. Considering the facts and circumstances of the case, submissions advanced by learned counsel for the parties and also taking into consideration the fact that the victim had sustained injury which was but apparent from the fact that she has redness on her vital parts, as such, without expressing any opinion on the merits of the case, this Court is not inclined to release the applicant on bail. 10. The bail application is, accordingly, rejected. 11. 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. 12. 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:- 19.3.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad