Neutral Citation No. - 2025:AHC:39244 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9139 of 2025 Applicant :- Bhojendra Pratap @ Shiva Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Atharva Dixit,Sharad Kumar Asthana Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Atharva Dixit, learned counsel for applicant and Sri Sunil Kumar, learned A.G.A. for the State. 3. Learned A.G.A. has informed that the notice to the informant has been served on 07.03.2025. 4. The present bail application has been filed by the applicant in Case Crime No.122 of 2024, under Sections 65(1), 115(2), 351(3) B.N.S. and Section 5/6 POCSO Act, Police Station Sakrauli, District Etah with the prayer to enlarge him on bail. 5. As per prosecution story, the applicant is stated to have committed sexual assault with the victim by taking her to his house on the pretext of giving her certain household goods on 05.12.2024 at about 1:30 p.m. 6. Learned counsel for the applicant has stated that the applicant is a young student of 22 years and has been falsely implicated in the present case. The FIR is delayed by about five hours and there is no explanation of the said delay caused. The injury sustained by the victim can be manufactured. No physical injury has been observed by the doctor to the victim as far as the assault is concerned. The doctor has categorically observed that the family members of the victim, including the informant, were uncooperative and had misbehaved with her and her other medical staff. 7. Learned counsel for the applicant has further stated that the instant FIR has been instituted as the parties had an altercation over a boundary dispute as the agricultural field of both the parties, which belong to gata nos.176 and 474 lie adjacent to each other. The said fact stands corroborated from annexure No.12 to the affidavit filed with the bail application. The parties had an altercation two days before the incident and the instant FIR is a fall out of the said altercation. The applicant is in jail since 07.12.2024 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 doctor although has stated that the family members were uncooperative and had misbehaved with her but she has observed that swelling was present on her vital organ and there was infection on her vital part also. 9. Learned A.G.A. has also stated that the FIR is prompt as it has been instituted the same evening at 6:45 p.m. 10. After hearing learned counsel for the parties and taking into consideration the fact that the victim has sustained swelling on her vital part coupled with the fact that the FIR is prompt and also taking into consideration the age of the victim to be 15 years, 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 :- 19.3.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad