Neutral Citation No. - 2025:AHC:63345 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38469 of 2024 Applicant :- Rohit Soni @ Punnu Opposite Party :- State of U.P. Counsel for Applicant :- Dhiresh Kumar,Vidya Kant Mishra Counsel for Opposite Party :- G.A.,Indrajeet Kumar Shukla,Kaushal Mishra Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Dhiresh Kumar, learned counsel for applicant, Sri Indrajeet Kumar Shukla, learned counsel for the informant as well as Ms. Ifrah Islam, learned State Law Officer for the State. 3. The present bail application has been filed by the applicant in Case Crime No.147 of 2024, under Sections 333, 64(1), 351(2) B.N.S., Police Station Khiri, District Prayagraj with the prayer to enlarge him on bail. 4. As per prosecution story, the applicant is stated to have committed rape with the sister of the informant on 11.8.2024 at about 07:00 p.m. The younger brother of the informant reached the place of occurrence after hearing shrieks of the victim and found his sister without any clothes. The applicant is stated to have run away from the scene of occurrence threatening him. 5. Learned counsel for the applicant has stated that he has been falsely implicated in the present case. The FIR is delayed by about eight hours and there is no explanation of the said delay caused. There is no medical corroboration of the incident as the victim has not sustained any injury on her internal or external body parts. The victim was found mentally stable by the Magistrate recording her statement U/s 183 B.N.S.S. and the said statement is contradictory to the FIR, as such, the applicant is entitled for bail. 6. Per contra, learned A.G.A. and learned counsel for the informant have vehemently opposed the bail application on the ground that the victim was mentally unstable and the said fact stands fortified by the medical report, whereby in paragraph-11 of the medico legal examination report the doctor has answered in affirmative the question whether the victim is suffering from any physical or psychological disorder. 7. Learned counsel for the informant has further stated that in the statement of the victim recorded U/s 183 B.N.S.S. the Magistrate recording her statement has observed that the mental status of the victim was not found up to the mark, as such, her statement was being recorded in the presence of SI Priyanka Rawat and her sister-in-law (Bhabhi). The said statement categorically indicates that applicant had raped her. For the sake of sanctity of the procedure, the said statement may not be put on record. 8. After hearing learned counsel for the parties and taking into consideration the rival submissions, the fact that victim was found to be a mentally unstable lady and also that she has categorically recorded the allegations mentioned in the FIR in her statement recorded U/s 183 B.N.S.S., I do not find it a fit case for grant of bail to the applicant. 9. The bail application is found devoid of merits and is, accordingly, rejected. 10. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 24.4.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad