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Synopsis

The Allahabad High Court has rejected the bail plea of Samajwadi Party leader Moid Ahmad, accused in the alleged gang-rape of a 12-year-old girl in Uttar Pradesh's Ayodhya.

Ahmad, 71, and his helper Raju Khan, 20, were booked in July for allegedly raping and impregnating the minor. The victim's mother filed an FIR, alleging that Khan lured her daughter to Ahmad's bakery, where she was raped and videotaped.

The court, while denying bail, noted that although the forensic science laboratory (FSL) report confirmed the paternity of the fetus with Khan and not Ahmad, the paternity test alone was not conclusive for determining whether the offence had been committed under the POCSO Act and IPC.

The bench of Justice Pankaj Bhatia observed that the victim had leveled specific allegations against Ahmad and that documents showed Ahmad's significant political influence, which could compromise the investigation.

The court also highlighted the substantial social and financial disparity between Ahmad and the victim, suggesting that Ahmad's release on bail could adversely affect the trial.

However, the court granted Ahmad liberty to apply for bail afresh after four weeks, following the recording of the informant's and victim's testimonies.

The victim, a 12-year-old girl, was allegedly raped repeatedly by Ahmad and Khan, resulting in pregnancy. The pregnancy was later terminated. The FIR alleged that Ahmad and Khan used blackmail and threats to silence the victim.

The court directed the Superintendent of Police, Ayodhya, to ensure the victim and informant's safe and secure production before the trial court for testimony recording within 30 days. 

Court also ordered the recording of the victim's statement under Section 35(1) of the POCSO Act.

Case Title: Moid Ahmad Vs. State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others