Neutral Citation No. - 2025:AHC:73317 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 811 of 2025 Applicant :- Subhash Chandra Yadav Alias Nanga Opposite Party :- State of U.P. Counsel for Applicant :- Harish Kumar Yadav,Krishna Gopal Yadav Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Harish Kumar Yadav, learned counsel for the applicant, Sri Ajay Singh, learned AGA-I for the State and perused the material on record. 3. This bail application under Section 483(1) BNSS has been filed by the applicant Subhash Chandra Yadav Alias Nanga, seeking enlargement on bail during trial in connection with Case Crime No. 137 of 2024, under Sections 62, 64 of BNS, registered at P.S. Kydganj, District Prayagraj. 4. The FIR of the matter was lodged on 05.08.2024 by Sub- Inspector Rambalak Singh, Chowki Prabhari, Nai Basti Kydganj, Prayagraj Commissionerate alleging therein that while being on duty he received an information that a mentally challenged girl who used to remain ill and roam in the locality, was some days ago admitted in the hospital. In the night of 19/20.07.2024 one person forcibly took her to Jamadar Wali Gali and tried to commit rape upon her. At the place from where she was lifted, a CCTV camera was installed at the place of one Anil Sonkar which was seen by him on which it transpired that on 20.07.2024 at about 03.13.15 hours one woman was seen to be forcibly lifted on the shoulder by one person and taken towards the said place. On asking people about the identity of the person it was informed that he is Subhash Chandra Yadav @ Nanga. The accused thus has forcibly lifted and took away a mentally retarded ill lady with an intention to rape her to a place which is a serious offence. 5. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that no such incident has taken place and even perusal of the FIR would go to show that there was only an attempt by the applicant to commit rape upon the said victim. It is submitted that the medical examination of the victim does not support the prosecution case. It is submitted that the investigation in the matter has concluded. It is further submitted that the applicant has no criminal history as stated in para 14 of the affidavit and is in jail since 06.08.2024. 6. Per contra, learned counsel for the State opposed the prayer for bail and submitted that in the present case, Smt. Neetu wife of Suraj, Suraj son of Panna Lal, Vijay Yadav son of Badri Prasad Yadav and Ajay Yadav are the alleged eye witnesses of the incident who have seen the applicant making an attempt to rape the victim. It is submitted that in so far as the chain of circumstances are concerned, the same get completed as the CCTV footage goes to show that the victim was taken by the applicant and then there are eye witnesses of the incident to substantiate the allegations of attempt to rape. It is submitted that there is no reason for false implication of the applicant and as such the prayer for bail of the applicant be rejected. 7. After having heard learned counsels for the parties and perusing the records, it is evident that the applicant is named in the FIR. The implication of the applicant is on the basis of visual seen in the CCTV footage wherein he was identified as person forcibly carrying away a mentally retarded ill lady on his shoulder. There are three eye witnesses of the incident who have deposed regarding the applicant making an attempt to commit rape upon the victim. The incident thus is serious in nature. No ground for bail is made out at this stage. 8. Considering the totality of the case in particular, nature of evidence available on record, I am not inclined to release the applicant on bail. 9. The bail application is, accordingly, rejected. Order Date :- 7.5.2025 M. ARIF (Samit Gopal, J.) Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad