Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29771 of 2025 Court No. - 64 HON'BLE SAMIT GOPAL, J.
1. List revised. 2. Heard Sri Jay Singh Yadav, learned counsel for the applicant, Sri Ramesh Kumar, learned counsel for the first informant/opposite party no.4, Ms. Shivangi Bhargava, learned counsel for the High Court Legal Services Committee, Sri V.D. Ojha, learned counsel for the State and perused the material on record. 3. This bail application under Section 483 of BNSS has been filed by the applicant-Lokendra Lodhi, seeking enlargement on bail during trial in connection with Case Crime No.133 of 2025, under Sections 65(2), 351(2), 351(3) BNS and 5m/6 POCSO Act, P.S. Madawara, District Lalitpur. 4. The FIR of the matter was lodged on 24.5.2025 by Harcharan against the applicant alleging therein that on 24.5.2025 at about 3.30 p.m. his daughter was in the field doing work and she went to sleep on the tractor trolley wherein the applicant aged about 25 years came there and took out her underwear and tried to commit sexual assault at her anus on her. She felt pain and somehow got her freed and ran away from the place. Ram Pal, the person of the village working in the field nearby was asked by her to call her father on phone on which she told about the incident. The first informant along with his wife then reached the said place and has come to lodged the FIR. Versus Counsel for Applicant(s) : Jaysingh Yadav Counsel for Opposite Party(s) : G.A., Ramesh Kumar, Shivangi Bhargava Lokendra Lodhi .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s)
5. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is further argued that the medical evidence of the victim does not support the prosecution case as the doctor did not find any injury on her body or private part of the body. While placing para 20 of the affidavit in support of bail application it is submitted that the applicant has been falsely implicated in the present case due to village pradhani elections and village party bandi and ulterior motive. The applicant is in jail since 25.5.2025. 6.
Per contra learned counsels for the first informant, High Court Legal Services Committee and for the State vehemently opposed the prayer for bail and argued that the victim is aged about 12 years and thus is a minor. It is further argued that the victim has levelled allegation against the applicant of sexual assault on her. It is further argued that there is no reason for false implication of the applicant. The bail application of the applicant be thus rejected. 7. After hearing the counsel for the parties and perusing the record, it is evident that the victim is a minor girl aged about 12 years. There is an allegation of sexual assault on the victim by the applicant. The victim corroborates the same. The reason as given in para 20 for false implication does not transpire confidence. 8. Looking to the facts and circumstances of the case, I do not find it a fit case for bail, hence, the bail application is rejected at this stage. September 15, 2025 Gaurav Kuls BAIL No. 29771 of 2025 2 (Samit Gopal,J.) Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad