Neutral Citation No. - 2025:AHC:85466 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17504 of 2025 Applicant :- Shamsher Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ashok Kumar Singh Bais Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Ashok Kumar Singh Bais, learned counsel for applicant, Sri Chaudhary Dil Nishad, learned counsel for the informant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Learned A.G.A. has informed that the notice to the informant has been served on 09.05.2025. 4. The present bail application has been filed by the applicant in Case Crime No.50 of 2025, under Section 64(2)(K) B.N.S. and Section 3/4 POCSO Act, Police Station Kotwali Dehat, District Saharanpur with the prayer to enlarge him on bail. 5. As per prosecution story, the applicant is stated to have committed rape with the victim by forcing her into a room filled up with husk on 02.02.2025 at about 3:00 p.m. 6. Learned counsel for the applicant has stated that the FIR is delayed by about five hours and there is no explanation of the said delay caused. It is a clear-cut case of false implication as on the next day i.e. on 03.02.2025, the brother of the applicant had given an application at police station and he had offered the medical examination of the applicant, but the police did not care to get him medically examined. 7. Learned counsel for the applicant has further stated that applicant is 50% physically handicapped person, as such, he was not capable of committing the said offence. The applicant is in jail since 03.02.2025 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 counsel for the informant and learned A.G.A. have vehemently opposed the bail application on the ground that the victim was incapacitated to give consent as she was mentally retarded girl and she has sustained injury on her private part. 9. Learned counsel for the informant and learned A.G.A. has further stated that there is recovery of blood stained lower apparel of the victim, as such, the applicant is not entitled for bail. 10. After hearing learned counsel for the parties and taking into consideration the injury sustained by the victim on her vital part coupled with the fact that blood stained cloth has been recovered as mentioned by the doctor in his medical examination 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. However, it is directed that the aforesaid case pending before the trial court be decided expeditiously as early as possible in view of the principle as has been laid down in the recent judgments of the Supreme Court in the cases of Vinod Kumar vs. State of Punjab; 2015 (3) SCC 220 and Hussain and Another vs. Union of India; (2017) 5 SCC 702, if there is no legal impediment. 13. 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 :- 21.5.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad