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Neutral Citation No. - 2025:AHC:87529 Reserved On:16.05.2025 Delivered On:-23.05.2025 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32761 of 2024 Applicant :- Ankit Opposite Party :- State Of Up And 3 Others Counsel for Applicant :- Manjesh Singh Yadav,Sunil Kumar Tiwari,Utsav Singh Counsel for Opposite Party :- Arvind Kumar Pandey,G.A. Hon'ble Siddharth,J. Heard Sri Ashutosh Ganguli,learned counsel for applicant; Sri A.K. Pandey, learned counsel for informant; learned AGA for State and perused the material on record. The instant bail application has been filed on behalf of the applicant, Ankit, with a prayer to release him on bail in Case Crime No. 0185 of 2024, under Section- 323, 376, 504, 506 of I.P.C., and section 3/4 of POCSO Act, and section 3(2)(v) of SC/ST Act, Police Station - Jhinjhana, District- Shamli. There are allegations against the applicant that he committed the offence of rape against the victim as a result of which she became pregnant. In her statement under section 164 Cr.P.C., she has made definite allegation of commission of offence of rape and making of her incriminating video viral.
Learned counsel for the applicant has submitted that the applicant has been falsely implicated. The victim disclosed the factum of her pregnancy after five months. As per school record, she is aged about 17 years. The applicant was enlarged on interim bail vide
order dated 09.12.024 by this Court to make efforts to settle his dispute with the victim and perform marriage with her. He was granted interim bail up to 22.01.2025, but he did not surrendered even after the aforesaid period and this Court vide order dated 07.02.2025 directed him to surrender. The applicant has surrendered on 18.02.2025 only. He has not proved that he tried to settle his dispute with victim by any means. Learned A.G.A., and learned counsel for informant have opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre-trial stage,
therefore, he does not deserves any indulgence. In case the applicant is released on bail, he will again indulge in similar activities and will misuse the liberty of bail. This Court after hearing the learned counsels for the parties does not finds any ground for enlarging the applicant on bail at this stage. The bail application is accordingly, rejected. The trial court is directed to conclude the trial against the applicant as expeditiously as possible, as per section 309 Cr.P.C. (new section 346 B.N.S.S.) Registrar(Compliance) is directed to communicate this order to the concerned court below within ten days.
Order Date :- 23.5.2025 Abhishek Digitally signed by :- ABHISHEK YADAV High Court of Judicature at Allahabad