Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:35269 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38527 of 2024 Applicant :- Pintu @ Prempal Opposite Party :- State Of Up And 3 Others Counsel for Applicant :- Dhruv Kumar Dhuriya Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Dhruv Kumar Dhuriya, learned counsel for applicant and Sri Jai Kishan Chaurasia, learned State Law Officer for the State.
3. Learned State Law Officer has informed that the notice to the informant has been served on 22.06.2024.
4. The present bail application has been filed by the applicant in Case Crime No.720 of 2023, under Sections 376AB, 354, 506 IPC and Section 5m/6 POCSO Act, 2012, Police Station Baghpat, District Baghpat with the prayer to enlarge him on bail.
5. As per prosecution story, the applicant is stated to have taken the daughter of the informant to the agricultural field on 17.09.2023 and committed rape with her.
6. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. The FIR is delayed and there is no explanation of the said delay caused as no time of offence is mentioned in it. The allegations are per se false. Learned counsel has further stated that no external injury was observed by the doctor. An alternation ensued between the family members of the applicant with the informant, as such, the instant false case has been foisted against the applicant. The applicant is in jail since 18.09.2023 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.
7. Per contra, learned State Law Officer has vehemently opposed the bail application on the ground that the internal organs of the victim were found bleeding and a clot was present by the doctor
conducting her medical examination and the age of the victim was 5 years.
8. After hearing learned counsel for the parties and taking into
consideration the facts that the victim has sustained injuries and her age is 5 years old, I do not find it a fit case for grant of bail to the applicant.
9. The bail application is found devoid of merits and is, accordingly, rejected.
10. 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 :- 11.3.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad