Neutral Citation No. - 2025:AHC:139793 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19004 of 2025 Applicant :- Wali Ahmad Alias Waliyat Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Pal Singh,Nasira Adil,Pradeep Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Jitendra Pal Singh and Ms. Nasira Adil, learned counsels for the applicant 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- Wali Ahmad @ Waliyat, seeking enlargement on bail during trial in connection with Case Crime No. 59 of 2025, under Sections 333, 352, 64, 351(3) B.N.S., Police Station Kemri, District Rampur. 4. The first information report of the present matter was lodged on 07.04.2025 by the victim against the applicant alleging therein that on 06.4.2025 at about 11 am she was alone in the house. Her mother had gone to field and father had gone at brick-kiln to work. Finding her alone in the house Waliyat of the village entered in her house and abused her and committed rape upon her. He stuffed cloth in her mouth. He then threatened her of not telling it to anyone or else she would be murdered. He finding way out went away. After sometime her mother came back and then she told her about the incident and has come with her mother to lodge a report. She is aged about 28 years. 5. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the present case is a case of consent. It is submitted that the statement of the victim cannot be considered as true in as much as she was unable to speak and thus a special educator was appointed for recording of her statement and then her statement under Section 183 B.N.S.S. was recorded. While placing paragraph 14 of the affidavit it is submitted that the investigation in the matter has completed and charge-sheet has been submitted. The applicant has no criminal history as stated in para 29 and is in jail since 30.04.2025. 6. Per contra, learned counsel for the State vehemently opposed the prayer for bail and submitted that the applicant is named in the first information report and in the statements of the victim and there are allegations against him. 7. After having heard learned counsel for the parties and perusing the record, it is evident that the applicant is named in the first information report and in the statements of the victim. The victim is a mentally retarded girl. Her statement was recorded with the help of a special educator. She names the applicant and assigns role of committing rape upon her. There is no reason for false implication. 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. 9. Pending application (s), if any, shall stand disposed of. Order Date :- 18.8.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad