HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29820 of 2025 Court No. - 64 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Affidavit of compliance dated 18.09.2025 has been filed by learned counsel for the State today in Court, the same is taken on record. 3. Heard Sri Hemant Sharma, learned counsel for the applicant, Sri Prem Shankar Sharma, learned counsel for the first informant/O.P. No.2 and Sri Bade Lal Bind, learned counsel for the State and perused the material on record. 4. Vakalatnama of Sri Prem Shankar Sharma is not on record despite his name being printed in the cause list. Office to trace out the same and place it on record and make a note in the order sheet about it. 5. This bail application under Section 483 BNSS has been filed by the applicant Shadab, seeking enlargement on bail during trial in connection with Case Crime No. 214 of 2025, under Sections 137(2), 65(1) BNS and 3/4 POCSO Act, registered at P.S. Aurangabad, District Bulandshahar. 6. The FIR of the matter was lodged on 30.06.2025 by Rahul Saini against the applicant alleging therein that on 29.06.2025 at about 10:00 pm his sister aged about 13 years was lured and enticed away by the applicant Shadab. Report be lodged and action be taken. 7. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted the victim went with the applicant out of her own sweet will without raising any objection or resistance. It is submitted that the applicant is already married having two daughters and one son and thus there was no reason for him to indulge in this type of incident, para 16 of the affidavit has been placed before the Court. It is submitted that as per Aadhar Card the age of the victim is 19 - 20 years and thus she is a major. While placing para 15 of the affidavit it Versus Counsel for Applicant(s) : Hemant Sharma, Saurabh Kumar Counsel for Opposite Party(s) : Avaneendra Kumar, G.A., Prem Shankar Sharma Shadab .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) is submitted that the applicant had worked as labour in the house of the informant after which the applicant owed Rs. 60,000/- from Rahul Saini for wages and when the applicant demanded the said amount he has been falsely implicated in the present case. It is submitted that the applicant has no criminal history as stated in para 22 of the affidavit and is in jail since 30.07.2025. 8. Per contra, learned counsel for the first informant and learned counsel for the State opposed the prayer for bail and submitted that the applicant is named in the FIR, in the statements of the victim recorded during investigation. It is submitted by learned counsel for the first informant that as per High School Markshet the date of birth of the victim recorded therein is 20.11.2010 and thus she is a minor girl. It is submitted that the victim has named the applicant and levelled allegation of rape against him. It is submitted that the case as pleaded and argued for false implication is concerned, the same is without any substance and any basis. It is submitted that there is no reason for false implication of the applicant and as such the prayer for bail of the applicant be rejected. 9. After having heard learned counsels for the parties and perusing the records, it is evident that the victim as per school records is minor. The applicant is named in the statements of the victim and there are allegations of rape against him. No ground for bail is made out. I do not find it a fit case for bail. 10. Considering the totality of the case in particular, nature of evidence available on record, I am not inclined to release the applicant on bail. 11. The bail application is, accordingly, rejected. 12. Pending application(s), if any, stand disposed of. September 22, 2025 M. ARIF BAIL No. 29820 of 2025 2 (Samit Gopal,J.) Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad