Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30141 of 2026 Court No. - 64 HON'BLE VIVEK VARMA, J.
1. Heard learned counsel for the applicant, Sri Anupam Anand, learned Brief Holder for the State and Ms. Priyanka Srivastava, counsel for the informant. Perused the record. 2. The present bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 14 of 2023, under Sections 363, 376 I.P.C., and Section 5/6 POCSO Act, Police Station- Sector-142, District- Gautam Buddha Nagar, during pendency of the trial. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. The applicant is in jail since 14.3.2023 having no criminal history. In case, the applicant is enlarged on bail, he will not misuse the liberty of bail and will cooperate with the trial. 4. Per contra, learned AGA for the State and counsel for the informant have opposed the prayer for bail. 5. Having heard learned counsel for the parties and upon perusal of record, this Court prima facie finds that as per the academic record, victim was minor on the alleged date of occurrence. In her statements recorded under Sections 180 and 183 B.N.S.S. the victim stated that the applicant committed rape upon her. She further alleged that she was carrying a pregnancy. The ultrasonography report also indicates that the victim was pregnant. The victim is vulnerable. At this stage, enlarging the applicant on bail will not be conducive to a fair trial. Versus Counsel for Applicant(s) : Santosh Kukmar Tiwari Counsel for Opposite Party(s) : G.A., Priyanka Srivastava Suresh Kumar .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s)
6. Considering the gravity of the offence, specific role assigned to the applicant, age of the victim and the material available on record, in my opinion, this is not a fit case for grant of bail. 7. Accordingly, the bail application is rejected. 8. However, considering the period of incarceration of the applicant, the trial court is directed to expedite the proceedings of trial and conclude the same at the earliest without granting any unnecessary adjournment to either of the parties. 9. Office is directed to send a copy of this order to the court concerned for information.
October 6, 2026 S.S.
BAIL No. 30141 of 2026 2 (Vivek Varma,J.) Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad