Neutral Citation No. - 2025:AHC:51401 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8069 of 2025 Applicant :- Ramod Opposite Party :- State Of U.P Through Its Principal Secretary (Home) And 3 Others Counsel for Applicant :- Rahul Mishra,Sanjay Mishra Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Compliance affidavit filed today is taken on record. 3. Heard Sri Sanjay Mishra, learned counsel for applicant, Sri V.K.S. Parmar, learned A.G.A. for the State and perused the material placed on record. 4. Learned A.G.A. has informed that the notice to the informant has been served on 08.03.2025. 5. The present bail application has been filed by the applicant in Case Crime No.873 of 2024, under Sections 65(2), 333 B.N.S. and Section 5(m)/6 POCSO Act, Police Station Jalalabad, District Shahjahanpur with the prayer to enlarge him on bail. 6. As per prosecution story, the applicant is stated to have rubbed the victim on her private part and had ejaculated on 09.11.2024. 7. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. There is no time of offence mentioned in the FIR. There is FIR No.722 of 2021 instituted by the family members of the applicant against the family members of the informant, as such, it is a clear-cut case of false implication and counterblast to the said. Learned counsel has further stated that there is no injury sustained by the victim. There is no criminal history of the applicant. The applicant is in jail since 10.11.2024 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 and has stated that it is an open and shut case as the victim was of tender age i.e. 5 years and the applicant has misused his clout, who is major aged about 19 years. Learned A.G.A. has further stated that no FIR has been instituted against the person who has instituted the said FIR No.722 of 2021, as such, it is not a case of false implication. 9. Learned A.G.A. has also stated that the serologist's report confirms that the applicant had ejaculated on the private part of the victim as spermatozoa has been found in it. 10. After hearing learned counsel for the parties and taking into consideration the serologist's report, 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 :- 9.4.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad