Neutral Citation No. - 2025:AHC:110686 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40914 of 2024 Applicant :- Shakeel @ Gorakh Opposite Party :- State Of U.P & 4 Others Counsel for Applicant :- Deeksha Gupta,Siddharth Srivastava Counsel for Opposite Party :- G.A.,Shamim Ahmad Ansari Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Siddharth Srivastava, learned counsel for the applicant, Sri Birendra Pratap Singh, learned counsel for the State and perused the material on record. 3. Sri Shamim Ahmad Ansari, learned counsel for the first informant / opposite party no. 5 is not present, despite his name being printed in the cause list. 4. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Shakeel @ Gorakh seeking enlargement on bail during trial in connection with Case Crime No. 158 of 2024, under Sections 376-AB & 506 I.P.C. and Section 5m/6 POCSO Act, Police Station Atrauliya, District Azamgarh. 5. The first information report of the matter was lodged on 05.05.2024 by Smt. Sufiya Khatoon against the applicant alleging therein that her daughter aged about 11 years, is weak physically and also is a heart patient. On 04.05.2024 at about 01:00 p.m., she has gone out of the house to play. The applicant who is her neighbor aged about 26 years allured her and was showing her dirty videos on his mobile and committed rape upon her. She somehow with great difficulty came to the house and told her about the incident. She is unwell. The F.I.R. be lodged and action be taken. 6. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. It is submitted while placing paragraph no. 21 of the affidavit that the applicant has not committed any offence but the applicant and the informant were having grocery shop in the same village adjacent to each other and the shop of the applicant was having good business due to which the shop of the informant got closed and thus the informant got offended and held grudge against him and lodged the present first information report on false and concocted story. It is submitted that the applicant has no criminal history as stated in paragraph 24 of the affidavit and is in jail since 06.05.2024. 7. Per contra, learned counsel for the State vehemently opposed the prayer for bail and submitted that as per the medical examination report, the victim has been stated to be a mentally retarded girl and also having a hole in the heart. It is submitted that the medical examination of the victim shows a tear in the anal region with inflammation and swelling and further the vaginal area also shows inflammation and swelling. It is submitted that the same goes to show that there has been sexual assault on the victim. It is submitted that the bail of the applicant be thus rejected. 8. After hearing the learned counsels for the parties and perusing the records, it is evident that the victim is a mentally retarded girl aged about 11 years. There are extensive injuries on her private parts found by the doctor during medical examination. No ground for bail is made out. 9. Accordingly the present bail application is rejected. Order Date :- 10.7.2025 Manoj (Samit Gopal,J.) Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad