Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 40073 of 2024 Court No. - 55 HON'BLE VIKRAM D. CHAUHAN, J.
1. This is the second bail application filed on behalf of the applicant. 2. Heard Sri N.I. Jafri, learned Senior Counsel assisted by Sri Hari Om Ojha, learned counsel for the applicant, Sri Rahul Srivastava, learned counsel for the CBI and learned A.G.A. for the State. 3. The application is filed with the following prayer:-
"It is therefore, most respectfully prayed that this Hon'ble court may graciously be pleased to allow the present application and may also be pleased to enlarge the applicant on bail in Case Crime no. RC- 10(S)/2022/SC-III/ND, under sections 120B I.P.C., Sections 4, 6, 8, 10, 14, 15 and 17 Protection of Children from Sexual Offences Act, and 67 B of Information Technology Act 2000, Police Station-CBI, Special Crime- III, New Delhi, during the pendency of trial before the Court below, and/or to pass such other and further order, which this Hon'ble Court may deem fit and proper under the circumstances of the case."
4. The first bail application has been rejected by order dated 7.2.2023 on merits. The new ground raised in the second bail application is that applicant is in jail for about four and half year and as such the applicant is entitled to bail as seventeen witnesses have already been cross examined Versus Counsel for Applicant(s) : Ambreen Masroor, Anil Kumar Srivastava (Senior Adv.), Hari Om Ojha, Prem Narayan Singh, Sadrul Islam Jafri Counsel for Opposite Party(s) : Rahul Srivastava, Sanjay Kumar Yadav, G.A., Ruchi Devi Ajeet Kumar .....Applicant(s) C.B.I. And 3 Others .....Opposite Party(s)
out of forty one. 5. Learned counsel for the CBI opposed the prayer for bail and submits that one of the co-accused has already been convicted and is sentenced to death and there are serious allegation with regard to Child Sexual Abuse Material (CSAM) and the victim has supported the prosecution story in the examination-in-chief. 6. The allegation in the charge sheet as well as in the statement of the victim are very serious in nature with regard to sexual exploitation of child and the trial is going on and the victim has supported the prosecution case in examination-in-chief. Learned Senior Counsel appearing on behalf of the applicant pointed out that in the cross examination the victim has not identified the applicant. 7.
Be that as it may, this Court is of the view that at this stage grant of bail would not serve the justice and as such, second bail application is rejected. However, trial court is directed to conclude the trial in the present case within a period of six months without giving any unnecessary adjournment to any of the parties. September 30, 2026 VMA BAIL No. 40073 of 2024 2 (Vikram D. Chauhan,J.) Digitally signed by :- VISHWA MOHAN ARORA High Court of Judicature at Allahabad