Neutral Citation No. - 2025:AHC:19724 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3430 of 2025 Applicant :- Ram Briksha Opposite Party :- State of U.P. Counsel for Applicant :- Mujiburrahman Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. 1-Heard learned counsel for the applicant and learned A.G.A. representing the State. 2-By means of this bail application, applicant-Ram Briksha, who is involved in Case Crime No. 177 of 2024, under Sections 376(2)l and 506 I.P.C., Police Station Khesraha, District Siddharth Nagar, seeks enlargement on bail. 3-As per prosecution case in brief, complainant who is mother of victim lodged an F.I.R. on 06.09.2024 alleging therein that her daughter who is aged about 19 years is mentally retarded. On 06.09.2024 while taking bath in the morning, she saw that her daughter's stomach was bloated. When she asked her daughter, she told that about four-five months ago, she had gone to throw cow dung in the field near the pond on the east side of the village. Ram Briksha, who was already present there, finding her alone raped her forcefully and threatened that if she tells anything about the incident, he would kill her. Out of fear, her daughter did not tell anyone about the incident. 4-It is contended by learned counsel for the applicant that the applicant who is a married man aged about 48 years has been falsely implicated in this case with regard to a dispute of money transaction between the complainant and applicant. There is no medical certificate regarding unsound mind of the victim, which creates doubt about the prosecution case. F.I.R. has been lodged after lapse of 5-6 months' on the basis of false and concocted story in order to mount pressure upon the applicant. Lastly, it is submitted by the learned counsel for the applicant that the applicant is languishing in jail since 11.09.2024 and in case, he is released on bail, he will not misuse the liberty of bail. 5-Per contra, learned A.G.A. for the State as well as learned counsel for the informant opposed the prayer for bail of the applicant by contending that victim has supported the F.I.R. version in her statement recorded during investigation. The ultrasound of victim was done on 10.09.2024, in which 28 weeks pregnancy was found. D.N.A. sample of the victim and accused were taken and submitted to the concerned laboratory on 18.09.2024. Considering the gravity of offence, the bail application of the applicant is liable to be rejected. 6-Having heard learned counsel for the parties and examined the matter in its entirety, I find that as per the prosecution case, it is case of rape on mentally retarded girl by the accused and on account of said rape, she has become pregnant as note above, offence is heinous in nature. So far as submission on behalf of the applicant that he has been falsely implicated is concerned, I do not find any material on record to presume the false implication of the applicant, whereas prosecution case is prima-facie corroborated from the ultrasound report of the victim. Innocence of the applicant cannot be adjudged at pre-trial stage. 7-Considering the overall facts and circumstances of the case as well as keeping in view the submissions advanced on behalf of parties, gravity of offence, role assigned to applicant, and severity of punishment, I do not find any good ground to release the applicant on bail. 8-Accordingly, the bail application is rejected at this stage. 9-It is made clear that the observation contained in the instant order is confined to the issue of bail and shall not affect the merit of the trial. Order Date :- 5.2.2025/Saurabh Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad