Neutral Citation No. - 2025:AHC:74596 Court No. - 6 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2279 of 2025 Applicant :- Chandrapal Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ram Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Shyam Shamshery,J. Heard Sri S.K. Pandey, Advocate holding brief of Sri Ram Singh, learned counsel for applicant and Sri Bhupendra Pal Singh, learned A.G.A. for State. This is second bail application. First bail application was rejected on 10.05.2024. The applicant has again approached this Court by way of filing present bail application in Case Crime No.362 of 2022 for offence punishable under Section 354-A and 376(3) of I.P.C. read with Section 4(2) of POCSO Act, Police Station- Sheeshgarh, District- Bareilly. In pursuance of an order passed by this Court, learned Trial Court has submitted a status report dated 07.05.2025 that out of 10 proposed prosecution witnesses, 8 witnesses have been examined and now statement of 2 witnesses have remained and trial could be concluded within a short period, therefore, trial is at the fag end. Learned counsel for applicant refers the cross-examination of victim (deaf and dumb girl) as well as testimony of doctor in order to show that no offence of rape was committed. Learned A.G.A. for State has opposed the bail and submits that there is expert opinion about IQ of victim and questions asked in cross-examination are vague and complicated as well as that medical examination of victim was conducted after about 15 days. I have considered the above submission and considering that since trial is at fag end as well as argument of counsel for applicant is not sufficient to grant bail to applicant since not only medical examination was conducted after 15 days which would have its own effect but the victim (deaf and dumb girl) has made reply the questions asked in examination-in-chief in gesture which may be sufficient to prove that applicant has committed offence of rape. So far as questions asked in cross-examination is concerned, it would be subject matter of trial. Accordingly, applicant who is in jail since 04.12.2022 i.e. about 2 years and 4 months is not entitled for bail, considering the nature of rape of a minor girl (deaf and dumb) Accordingly, bail application is rejected. Order Date :- 8.5.2025 P. Pandey Digitally signed by :- PUSHPENDRA PANDEY High Court of Judicature at Allahabad