HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 25734 of 2026 Court No. - 18 HON'BLE HARVIR SINGH, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State-opposite party. 2. The present second bail application has been filed by the applicant under Section 483 BNSS to enlarge him on bail in Case Crime No. 81 of 2025, under Sections 115(2), 351(3), 352 BNS and Sections 5M(L)/6 POCSO Act, Police Station- Jewar, District- Gautam Buddh Nagar. The first bail application was rejected vide order dated 08.04.2026 passed in Criminal Misc. Bail Application No. 20595 of 2025. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case due to enmity. It is further submitted that the alleged incident is said to have happened in the house of Mausi of the accused-applicant. The co-accused Maisi @ Mayank was declared juvenile and he is facing trial before the Juvenile Justice Board. It is further submitted that the applicant is a married persons having a baby child. It is further submitted that for the first time, the boy (victim) was medically treated on 3.3.2025 in the hospital and the said medical examination has been entered by the I.O. in the case diary. It is further submitted that there was no allegation regarding sexual assault committed with the boy (victim) aged about 12 years. After moving the application under Section 156(3) Cr.P.C. by the grand-father of the victim, the accused -applicant has been falsely implicated in the present case. He lastly submitted that the applicant, who is in jail, since 11.03.2025 and has no criminal antecedents to his discredit, is entitled to be enlarged on bail Versus Counsel for Applicant(s) : Gaurav Mishra, Shiv Sharan Tripathi Counsel for Opposite Party(s) : Rahul Shukla, G.A. Surabh .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) during pendency of the trial. 4. Learned A.G.A. and the learned counsel for the first informant have vehemently opposed the prayer for bail and submitted that the applicant has tried to explain the criminal history, but the crime committed by the accused, is that of serious nature. 5. The Statement of the victim aged about 12 years was recorded before the learned Magistrate, wherein the child has stated that, he was forced to smoke biri and a video film was also made, while smoking biri and was sexually abused twice-thrice by the accused, namely, Saurabh. As per the statement of the victim, the incident has been narrated and instances of sexual abusing have been repeated by the said accused and the witness stated, that the child was treated in Base Hospital, Delhi wherein he developed piles and is further undergoing treatment in the hospital. This court has also taken the note of the statement of Dr. Tegvir Singh, Lieutenant Colonel Base Hospital, Delhi dated 02.06.2026 in which he has categorically stated: "हमारे अस्पताल में िदनांक 03/03/2025 को दीपाशु पुत्र रिवन्द्र िन० दयानतपुर थाना जेवर गौतमबुद्धनगर इलाज के िलए भतीर् हुआ था िजसका हमारी टीम द्वारा इलाज िकया जा रहा है। इलाज के दौरान हमे पता चला है िक उसको पाईल्स की भयंकर बीमारी है तथा यह बीमारी उसके साथ sexual abuse करने के उपरान्त हुई है। मेरे द्वारा एमएलसी बनायी गयी है। मैं कोटर् में बयान देने के िलए तैयार हूँ। इसके पश्चात मै उ०िन० वापस थाना आया हूँ। आज की कायर्वाही का पचार् सेवा मे प्रेिषत है। िववेचना प्रचिलत है।" 6. Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, moreover, there is no change in the circumstances or the law, as such the grounds raised in the earlier application have been repeated by and large, hence taking into consideration, the submissions of learned counsel for the parties and considering that statement of the victim and witnesses, the accused- applicant, Saurabh, is not entitled to be released on bail. 7. The bail application is rejected. September 25, 2026 Prashant D. BAIL No. 25734 of 2026 2 (Harvir Singh,J.) Digitally signed by :- PRASHANT DWIVEDI High Court of Judicature at Allahabad