Dismissed¶36

Naresh Singh Alias Babu v. State of U.P. and 3 Others

Allahabad HC13 Jan 2026BAIL/43677/2025

Case brief

AI extract

What is this about?

Third bail application dismissed; Naresh Singh alias Babu; Case Crime No. 589 of 2020; Sections 363, 376(3), 120B, 506 IPC and 3/4(2) POCSO Act; PS Ghatampur, Kanpur Nagar; custody since 26.12.2020 (over five years); earlier rejections dated 17.05.2024 and 21.11.2024; status reports 14.10.2024 and 23.12.2025 showing witness examination progress; trial at fag end; liberty to re-approach if trial not concluded within two months; Justice Saurabh Shyam Shamshery; High Court of Judicature at Allahabad; decided January 13, 2026.

What did the court decide?

None; bail refused. Conditional liberty to re-approach this Court or the Trial Court concerned if the trial is not concluded within two months. ¶36

Naresh Singh Alias Babu vs State of U.P. and… — Child Sexual Offences (POCSO) | Allahabad HC (2026)

¶1

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 43677 of 2025

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Naresh Singh Alias Babu

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.....Applicant(s) Versus State Of U.P. And 3 Others .....Opposite Party(s) Counsel for Applicant(s) : Deepak Kumar Dubey, Yadavendra Dwivedi Counsel for Opposite Party(s) : G.A. Court No. - 32

¶4

HON'BLE SAURABH SHYAM SHAMSHERY, J.

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Heard Sri Yadavendra Dwivedi, learned counsel for applicant and Sri Bhupendra Pal Singh, learned AGA for State.

¶6

This is third bail application filed by applicant-Naresh Singh alias Babu in Case Crime No. 589 of 2020, under Sections 363, 376(3), 120B, 506 IPC and 3/4(2) of POCSO Act, Police Station Ghatampur, District Kanpur Nagar. First and second bail applications of applicant were rejected vide orders dated 17.05.2024 and 21.11.2024, respectively.

¶7

The order dated 21.11.2024 passed in second bail application of applicant is reproduced hereinafter:

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“Heard Sri Hari Nath Chaubey, learned counsel for applicant and Sri Bhupendra Pal Singh, learned A.G.A. for State.

¶9

This is second bail application. First bail application was rejected by following order on 17.05.2024 :-

¶10

"1. This bail application was filed on 12.4.2021. According to order sheet, this application was earlier listed for hearing on nine dates. However, it was mainly adjourned on the request of learned counsel for the applicant to exchange pleadings or due to his non presence.

¶11

BAIL No. 43677 of 2025

¶12

¶13

Heard Sri Hari Nath Chaubey, learned counsel for the applicant, Sri R.K..Singh, learned A.G.A. and perused the record.

¶14

The applicant has approached this Court by way of filing the present Criminal Misc. Bail Application seeking enlargement on bail in Case Crime No.589 of 2020, under Sections 363, 376(3), 120-B, 506 I.P.C. and Section 3/4 (2) of POCSO. Act, Police Station-Ghatampur, DistrictKanpur Dehat.

¶15

Applicant before this Court is facing trial for an offence of rape of a minor girl.

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Learned counsel for the applicant fairly submits that statement of the victim recorded during investigation appears to be against the applicant. He further submits that applicant is languishing in jail since 26.12.2020 i.e. about three years and four months and victim has been summoned through P.W.1 but has not appeared despite coercive measures were taken.

¶17

In the aforesaid circumstances, considering the nature of evidence collected during investigation i.e. statement of victim recorded under Sections 161 and 164 Cr.P.C. wherein prima-facie case is made out against the applicant, however, considering the period of incarceration and that victim through P.W.1 has not appeared before concerned Trial Court despite issuance of non-bailable warrant, therefore, learned Trial Court is directed to take all endeavour to ensure her presence and record her statement within a period of three month's from today and for that concerned S.S.P. is also directed to serve coercive measures through P.W.1 on the victim and applicant will be at liberty to approach this Court or learned Trial Court in case the trial has substantially not progressed during the aforesaid period along with status of trial.

¶18

With the aforesaid direction, this bail application is disposed of.

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Registrar (Compliance) to take steps."

¶20

BAIL No. 43677 of 2025

¶21

¶22

The applicant has again approached this Court by way of filing the present Criminal Misc. Bail Application seeking enlargement on bail in Case Crime No.589 of 2020, under Sections 363, 376(3), 120-B, 506 I.P.C. and Section 3/4 (2) of POCSO. Act, Police Station-Ghatampur, District-Kanpur Dehat.

¶23

In pursuance of an order passed by this Court, learned Trial Court has submitted status report dated 14.10.2024 that out of proposed 8 witnesses two have already been examined including victim.

¶24

Learned counsel for applicant refers the statement of victim that she has not supported the prosecution case in its entirety and that it is not probable that she remained in confinement for about three days without raising any alarm and it was a case of prior enmity since she has stated in her statement that there was a prior exchange of hot talks between the applicant and her parents.

¶25

The above submissions are opposed by learned A.G.A. for State and he also refers the statement of victim that she remained consistent that applicant has committed repeatedly offence of rape after she was confined by him in a room. No material contradiction is found in her testimony.

¶26

I have considered the above submission that statement of victim appears to be consistent against applicant. At this stage, any comment on contradiction of statement of victim would prejudice the case of either party. The applicant is in jail since 26.12.2020 i.e. just less than four years and trial is proceeding as mentioned in status report could be concluded within six months.

¶27

In the aforesaid circumstances, no case of bail is made out. Accordingly, prayer made in this application is rejected, however, in case, trial is not concluded within 6 months, applicant will have liberty to approach this Court.

¶28

Accordingly, application is disposed of with aforesaid observation.”

¶29

BAIL No. 43677 of 2025

¶30

¶31

According to status report dated 23.12.2025, out of eight proposed witnesses, now five have been examined and prosecution has proposed only two more witnesses to be examined.

¶32

Learned counsel for applicant submits that applicant is in jail since 26.12.2020, i.e., for about five years and has not disputed that in case applicant is convicted, the minimum sentence would be 20 years considering that victim is aged about 14 years. He further submits that at this stage, no circumstance exist that in case of bail applicant may influence any witness.

¶33

Per contra, learned AGA has opposed the prayer for bail and submits that statement of victim is against the applicant.

¶34

I have considered the aforesaid submissions and perused the material on record.

¶35

The applicant is in jail for more than five years and all material witnesses have been examined and trial is at the fag end, therefore, no case of bail is made out. However, in case trial is not concluded within a period of two months, as proposed by Trial Court, the applicant will have liberty to approach this Court or Trial Court concerned, as advised.

¶36

The application is accordingly dismissed.

¶37

(Saurabh Shyam Shamshery,J.)

¶38

January 13, 2026 AK

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Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad

Naresh Singh Alias Babu v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Naresh Singh Alias Babu v. State of U.P. and 3 Others

Case brief

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