Neutral Citation No. - 2025:AHC:9060 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35447 of 2024 Applicant :- Ganesh Nishad Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Shweta Nishad Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. 1-By means of this application under Section 439 of Cr.P.C., applicant-Ganesh Nishad, who is involved in Case Crime No. 471 of 2024, under Sections 363, 376, 504, 506 I.P.C., Sections 3/4 POCSO Act and Section 3(2)V SC/ST Act, Police Station Gulriha, District Gorakhpur seeks enlargement on bail during the pendency of trial. 2-Vide order dated 01.10.2024, notice was issued to the opposite party no. 2/complainant but despite service of notice, no one has put in appearance on behalf of complainant. 3-Heard learned counsel for the applicant and learned Additional Government Advocate representing the State. 4-As per prosecution case in brief, informant Lalchand (father of the victim) has lodged a first information report on 05.06.2024 against the applicant with regard to an incident dated 28.04.2024 for the offence under Sections 376, 504 and 506 I.P.C. alleging inter-alia that on 08.04.2024 at about 09:00 pm, his daughter had gone to outskirts of her village to attend the call of nature, applicant forcibly caught her and made physical relation with her. She came to home and told the whole incident but out of fear of shame, he hid the incident but accused Ganesh is spreading rumor here. 5-Main substratum of argument of learned counsel for the applicant is that the first information report of the alleged incident has been lodged after delay of more than 30 days' without any plausible explanation. Much emphasis has been given that though the victim in her statements under Section 161 and 164 Cr.P.C. has made specific allegation of committing rape on her against the applicant but she has refused for her internal examination and till date, no ossification test of the victim was done. Victim was consenting party with the applicant. Lastly, it is submitted that the applicant is languishing in jail since 21.06.2024 and in case, the applicant is released on bail, he will not misuse the liberty of bail. 6-Per contra, learned A.G.A. for the State opposed the prayer for bail of the applicant by contending that the victim, in her statements under Sections 161 and 164 Cr.P.C., has made specific allegation against the applicant for committing rape on her. Considering the gravity of offence and statements of the victim under Section 161 and 164 Cr.P.C., bail application of the applicant is liable to be rejected. 7-Having heard learned counsel for the parties and examined the matter in its entirety, I find that date of birth of the victim is 11.04.2011, as such on the day of incident she was minor child aged about 14 years. She in her statement under Section 164 Cr.P.C. has made allegation of rape against the applicant giving vivid description of the incident. At this stage, there is no material on record to presume the false implication of the applicant. In paragraph no. 26 of the bail application, applicant has come up with the plea that victim was consenting with the applicant. In this regard, this relevant to mention that the consent of minor child is immaterial under the law. The offence is heinous in nature. As a matter of fact, such crime is not only against the victim, it is against the society as well. 8-Considering the overall facts and circumstances of the case as well as keeping in view the submissions advanced on behalf of parties, gravity of offence, role assigned to applicant and severity of punishment, I do not find any good ground to release the applicant on bail. 9-Accordingly, the bail application is rejected. 10-It is made clear that the observation contained in the instant order is confined to the issue of bail and shall not affect the merit of the trial. 11-Copy of this order be sent to the complainant within a week for information. Order Date :- 20.1.2025 Saurabh Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad