Neutral Citation No. - 2025:AHC:67563 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44396 of 2024 Applicant :- Ramesh Rajbhar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Jyoti Bhushan Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Rejoinder affidavit filed today is taken on record. 3. Heard Sri Jyoti Bhushan, learned counsel for applicant, Sri Arun Kumar Mishra, learned A.G.A. for the State and perused the material placed on record. 4. The present bail application has been filed by the applicant in Case Crime No.248 of 2024, under Sections 64, 115(2), 352, 351(2), 131 B.N.S., 2023 and Section 3/4 POCSO Act, Police Station Tarwan, District Azamgarh with the prayer to enlarge him on bail. 5. Learned counsel for the applicant has stated that the applicant is absolutely innocent and has been falsely implicated in the present case. The FIR is delayed by about one day and there is no explanation of the said delay caused. The victim is major as per school certificate and the injuries sustained by the victim are simple in nature. Learned counsel has further stated that the matter of family feud has been converted to that of rape by the informant. The applicant has nothing to do with the said offence. The applicant is in jail since 27.08.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Per contra, learned A.G.A. has vehemently opposed the bail application on the ground that the victim has sustained injuries and she was not mentally fit and capable of giving consent, as such, the applicant is not entitled for bail. 7. After hearing learned counsel for the parties and taking into consideration the medical report, whereby the victim has sustained injuries on her external body part coupled with the fact that the victim was not mentally fit as reported by the doctor, I do not find it a fit case for grant of bail to the applicant. 8. The bail application is found devoid of merits and is, accordingly, rejected. 9. 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 :- 30.4.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad