CRIMINAL MISC. BAIL APPLICATION No. 38125 of 2024 at Allahabad

Neutral Citation No. - 2025:AHC:87322 Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38125 of 2024 Applicant :- Ritesh Kumar Shakya Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Rohit Kushwaha,Sharad Chandra Srivastava Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J. Heard learned counsel for the applicant and learned A.G.A for the State. Learned A.G.A informs that notice has been served on informant but no one has turned up to oppose this bail application. Supplementary affidavit filed today is taken on record. There are allegations against the applicant of committing the offences of rape and penetrative sexual assault against the minor girl. Counsel for the applicant submits that the victim is clearly a consenting party despite being aged about 16 years and 7 months. It is a case of false implication. No incriminating video of victim was recovered which was allegedly made viral. The applicant is in jail since 24.08.2023 and has no criminal history to his credit. On the other hand learned A.G.A has opposed the prayer for bail. This court had to consider whether the implication under POCSO Act would be justified where the victim appears