Allahabad High Court · 2025-02-18
CRIMINAL MISC. BAIL APPLICATION No. 5045 of 2025 at Allahabad
- Citation / case number
- CRIMINAL MISC. BAIL APPLICATION No. 5045 of 2025 at Allahabad
- Court
- Allahabad High Court
- Petitioner
- CRIMINAL MISC. BAIL APPLICATION No. 5045 of 2025 at Allahabad
- Respondent
- Unknown
Judgment text excerpt
Neutral Citation No. - 2025:AHC:22820 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5045 of 2025 Applicant :- Rajesh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Mukesh Chandra Gupta,Shubham Prakash Gupta Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Shubham Prakash Gupta, learned counsel for the applicant, Sri R.M. Yadav, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.336 of 2024, under Sections 376(3), 506 I.P.C. and 4(2) POCSO Act, Police Station Loni Border, District Ghaziabad, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have been seen raping the minor daughter of the informant on 07.06.2024 at about 5:00 p.m. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The FIR is delayed by about one day and there is no explanation of the said delay caused. It is a clear-cut case of consent as the victim has stated in her statement recorded under Section 164 Cr.P.C. that she and the applicant both w