Neutral Citation No. - 2025:AHC:101581 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41524 of 2024 Applicant :- Jayprakash Prasad Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ram Chandra Kushwaha Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Ram Chandra Kushwaha, learned counsel for the applicant and Sri Jitendra Singh, learned counsel for the State and perused the material on record. 3. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Jayprakash Prasad seeking enlargement on bail during trial in connection with Case Crime No. 293 of 2024, under Sections 74, 115(2), 352, 351(3), 65(2) B.N.S. & Section 5(m)/6 POCSO Act, Police Station Lar, District Deoria. 4. The first information report of the matter was lodged on 01.09.2024 by Poonam Devi against the applicant alleging therein that her daughter aged about 13 years is mentally retarded. She had gone outside the village for grassing of the goats wherein the applicant allured her and took her in the Bazara field. She while shouting came out from there. Due to her disability, she could not disclose anything about her. People of the village told her on 30.08.2024 at about 7:00 p.m. when she went to the house of the applicant to make a complaint where she was assaulted and abused by the applicant. 5. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. It is submitted that the sister of the victim refused her internal examination and thus she was not medically examined internally. It is submitted that there is nothing on record to show that any sexual assault of the victim has been committed. It is further submitted that there is also nothing on record to show that the victim is a mentally retarded girl. While placing paragraph 13 of the affidavit, it is submitted that charge sheet in the matter has been submitted and thus there are no chances of the applicant to temper with the evidence. It is further submitted that the applicant has no criminal history as stated in para 20 of the affidavit and is in jail since 03.09.2024. 6. Per contra, learned counsel for the State vehemently opposed the prayer for bail and submitted that even as per medical examination report, the victim was having a mental illness and the doctor has opined that the mental level of the victim is sub- normal according to age. It is further submitted that the victim is aged about 12 years and perusal of her statements recorded during investigation goes to show that there has been sexual assault by the applicant. It is submitted that the prayer for bail be thus rejected. 7. After having heard the learned counsels for the parties and perusing the records, it is evident that the victim is minor girl aged about 12 years. She is a mentally challenged girl. The fact about her being not up to the mark mentally is also mentioned in the medical examination report. In her statement under Section 183 B.N.S.S, she states of the applicant sexually assaulting her. Even in statement under Section 180 B.N.S.S. she states of the applicant misbehaving with her. No ground for bail is made out. 8. Accordingly the present bail application is rejected. Order Date :- 1.7.2025 Manoj (Samit Gopal,J.) Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad