HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 28445 of 2025 Court No. - 64 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Ms. Akanksha Pandey, Advocate holding brief of Sri Rahul Singh Dahiya, learned counsel for the applicant, Sri Nitin Raj Singh, 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- Sahil, seeking enlargement on bail during trial in connection with Case Crime No. 118 of 2025, under Section 376 I.P.C. and Section 3/4 POCSO Act, Police Station Agauta, District Bulandshahr. 4. The first information report of the present matter was lodged on 21.05.2025 by the victim against the applicant alleging therein that the applicant is the brother of her friend and used to visit her house and they became close to each other. On 17.12.2020 he established forceful physical relationship with her and assured her of marrying her. The said relationship continued for three years and then it was known to the family members of the house and village and then a complaint was made to the family members of the applicant who stated that once the victim becomes major and the applicant builds his house they would marry her with him. At the said time the victim was aged about 16 years. Subsequently when the victim became major her father went to the house of the applicant for marriage which was refused by them. The applicant and his family members have ruined her life. A 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 allegation of Versus Counsel for Applicant(s) : Rahul Singh Dahiya Counsel for Opposite Party(s) : G.A. Sahil .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) rape in the present matter is of 17.12.2020 and the present first information report has been lodged on 21.05.2025 which is after about 4 1/2 years without any plausible explanation regarding the delay. It is submitted that prior to the present first information report no complaint was made either by the victim or by her family members to any of the authorities or police. It is further submitted that the relationship between the applicant and the victim was a consensual relationship. While placing paragraph 19 of the affidavit it is submitted that the applicant was on duty in the Indian Army on 17.12.2020 and the allegation therein is of committing rape on the victim is false. It is further submitted that the victim refused her medical examination when produced before the doctor. While placing paragraph 14 of the affidavit it is submitted that the investigation in the matter has concluded and charge-sheet has been submitted. The applicant has no criminal history as stated in para 17 and is in jail since 10.07.2025. 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 date of birth of the victim as per the High School certificate is 08.04.2004 and thus at the time of incident she was a minor. It is submitted that the applicant had committed rape upon a minor and continued to do so for years. It is submitted that in so far as the alibi is concerned, the same is without any credible evidence and the same cannot be considered. It is submitted that there are allegations against the applicant and charge-sheet has been submitted against him. 7. After having heard learned counsel for the parties and perusing the record, it is evident that the victim was aged about 16 years at the time of the incident. There is allegation of rape by the applicant being committed on the victim which continued for some years. The charge-sheet in the matter has been submitted. Although alibi is pleaded but is without any credible evidence and the same even otherwise is a matter of trial. 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. September 4, 2025/AS Rathore BAIL No. 28445 of 2025 2 (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad