Neutral Citation No. - 2025:AHC:68222 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46214 of 2024 Applicant :- Nishar Kuraishi Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ganesh Shanker Srivastava,Subedar Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Learned A.G.A. has informed that notice to the informant has been served on 28.11.2024. 3. Heard Sri Deepak Kumar Srivastava, Advocate holding brief of Sri Ganesh Shanker Srivastava, learned counsel for applicant and Sri Sunil Kumar, learned A.G.A. for the State. 4. The present bail application has been filed by the applicant- Nishar Kuraishi in Case Crime No.146 of 2024, under Sections 65(2) B.N.S. and 5(M)/6 POCSO Act, Police Station- Dhebarua, District- Siddharth Nagar with the prayer to enlarge him on bail. 5. As per prosecution story, the applicant is stated to have committed rape with the minor daughter of the informant aged about 9 years on 3.10.2024 at about 06:00 p.m. 6. Learned counsel for the applicant has stated that he has been falsely implicated in the present case. The FIR is delayed by more than three hours and there is no explanation of the said delay caused. The applicant is an old person aged about 63 years. Learned counsel has stated that there is no CCTV footage collected by the Investigating Officer, as such, the investigation is tainted. 7. Learned counsel for the applicant has further stated that although the victim is minor, but it is a clear cut case of false implication as is but evident from the statement of the victim itself. There is no criminal history of the applicant. The applicant is languishing in jail since 4.10.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Per contra, learned A.G.A. has vehemently opposed the bail application on the ground that the FIR is prompt as it was instituted after 3 hours and 10 minutes only. The victim has sustained injury on her vital parts as vulvar edema and redness were observed by the doctor. 9. It is further argued by learned A.G.A. that the victim was a girl of tender age i.e. 9 years old only and even her statement recorded U/s 183 B.N.S.S reiterates the allegations made in the FIR, as such, the applicant is not entitled for bail. 10. After hearing learned counsel for the parties and taking into consideration the age of the victim coupled by the injuries sustained by her and promptness of the FIR, I do not find it a fit case for grant of bail to the applicant. 11. The bail application is found devoid of merits and is, accordingly, rejected. 12. 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 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad