SAURABHversusSTATE OF U.P. AND 3 OTHERS

          HIGH COURT OF JUDICATURE AT ALLAHABAD

     CRIMINAL MISC. BAIL APPLICATION No. - 20595 of 2025

Saurabh
                                                                .....Applicant(s)
                                    Versus
State Of U.P. And 3 Others
                                                                    .....Opposite
                                                                          Party(s)

Counsel for Applicant(s)      : Prabha   Shanker     Bharti,            Pradeep
                                Chauhan, Saurabh Chaturvedi
Counsel for Opposite Party(s) : Anand Pati Tiwari, G.A.

Court No. - 70
                         HON'BLE HARVIR SINGH, J.

1. Heard I.K. Chaturvedi, learned senior counsel assisted by Sri Saurabh
Chaturvedi for the applicant, Sri Anand Pati Tiwari, learned counsel first
informant, learned A.G.A. for the State and perused the material on record.

2. By means of this application, the applicant who is involved in Case Crime
No. 81 of 2025, under Sections 115(2), 351(3), 352 of B.N.S. and Section
5M(L)/6 POCSO Act, P.S. Jevar, District Gautam Budh Nagar, is seeking
enlargement on bail during the trial.

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 26.6.2025 and has no criminal
antecedents to his discredit, is entitled to be enlarged on bail during
pendency of the trial.
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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
criminal history, while it has been stated in the affidavit (para026) memo of
the bail application that the applicant has no criminal history. The statement
of the victim was recorded under Section 180 B.N.S.S. and 183 B.N.S.S. and
in those statements, the victim has supported the prosecution version.
Learned AGA for the State further submits that, the applicant has not shown
any bona fide by not disclosing the fact of criminal cases pending against
him and then did not follow the procedure, as prescribed in para 3 of the
Allahabad High Court (Amendment) Rules, 2025, published vide publication
in Extraordinary Gazette of State of Uttar Pradesh, vide Notification dated
12.11.2025, and the procedure prescribed therein para 3 is as under:-

     "3. Insertion of sub-Rule (7) in Rule 18 of Chapter XVIII.- In
     Rule 18 of Chapter XVIII of the Rules, the following sub-Rule (7)
     shall be inserted after sub-Rule (6) :
     (7) Every application for bail filed before this Court shall also
     disclose-

           (a) Particulars of any bail application filed by the
           applicant which is pending before this Court, any
           subordinate Court, or the Supreme Court, and if none
           is pending, a clear statement to that effect, together
           with the result of any such application previously
           decided along with copy of the order (s);

           (b) Whether the applicant is or was involved in any
           other criminal case, and if so, the particulars and
           decisions thereof."

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.

6. Keeping in view the nature of the offence, evidence, complicity of the
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                                    accused, severity of the punishment, and suppression of criminal history of
                                    the accused and 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.

                                    April 8, 2026
                                    Kumar Manish
                                                                                             (Harvir Singh,J.)




Digitally signed by :-
MANISH TRIPATHI
High Court of Judicature at Allahabad