Neutral Citation No. - 2025:AHC:135073 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18874 of 2025 Applicant :- Nisar Ahmad Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Deepak Kumar Tripathi Counsel for Opposite Party :- G.A.,Pravesh Kumar Singh,Sampoorna Nand Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Deepak Kumar Tripathi, learned counsel for the applicant, Sri Sampoorna Nand, learned counsel for the first informant and Sri Ajay Singh, learned A.G.A.-I for the State and perused the material on record. 3. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Nisar Ahmad, seeking enlargement on bail during trial in connection with Case Crime No. 0943 of 2024, under Section 137(2), 87, 65(1), 61(2) B.N.S., Section 5/6 POCSO Act, B.N.S., Police Station Kotwali Khalilabad, District Sant Kabir Nagar. 4. The first information report of the present matter was lodged on 10.12.2024 by Awadh Narayan against unknown person alleging therein that on 08.12.2024 at about 2 pm his daughter aged about 14 years who is mentally retarded went away from the house. She was searched a lot but could not be traced. 5. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the applicant and the first informant were having enmity with regard to payment of wages of the applicant and as such the applicant has been falsely implicated in the present case, paragraph 14 of the affidavit has been placed before the Court. It is submitted that the victim was not found to have received any injury either externally or internally and as such the factum of rape is not corroborated through medical evidence. The applicant has no criminal history as stated in para 22 and is in jail since 22.12.2024. 6. Per contra, learned counsel for the first informant and learned counsel for the State vehemently opposed the prayer for bail and submitted that the victim is a minor girl as her date of birth as recorded in the school records is 05.05.2010 and as such she was aged about 14 years at the time of incident. The applicant is named in the statement of the informant and the statements of the victim recorded during investigation and there is allegation of the applicant committing rape upon the victim. Learned counsel for the State further submits that the contents of paragraph 14 of the affidavit have been denied in the instructions received by him. It is submitted that the prayer for bail be rejected. 7. After having heard learned counsel for the parties and perusing the record, it is evident that as per the school records the victim is a minor girl aged about 14 years. The victim states of the applicant committing sexual assault on her. No ground for bail is made out. 8. Looking to the facts and circumstances of the case, this Court does not find it a fit case for bail, hence, the bail application is rejected at this stage. 9. Pending application (s), if any, shall stand disposed of. Order Date :- 11.8.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad