Neutral Citation No. - 2025:AHC:128910 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23980 of 2025 Applicant :- Gopal Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Tripathi I Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Rakesh Tripathi-I, learned counsel for the applicant, Sri Birendra Pratap Singh, learned counsel for the State and perused the material on record. 3. This bail application under Section 483 BNSS has been filed by the applicant Gopal, seeking enlargement on bail during trial in connection with Case Crime No. 109 of 2025, under Sections 64, 75, 76 BNS, 2023, registered at P.S. Bahadurgarh, District Hapur. 4. Learned counsel for the State submits that he has received instructions for which time was granted to him vide order dated 11.07.2025. 5. The FIR of the matter was lodged on 08.05.2025 by Bhagirath against the applicant alleging therein that on 06.05.2025 he had gone to work and his wife had gone to the house of the relatives in a different village. At about 01:30 pm when he returned back his daughter was found sitting and people of the village told him that Gopal the resident of the same locality took her to nearby tomato field at about 01:00 pm took out her clothes and enraged her modesty. Report be lodged and action be taken. 6. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the victim in her statement under Section 180 BNSS reiterates the version as given in the FIR but subsequently in her statement under Section 183 BNSS makes an improvement in which she states of applicant committing rape upon her. It is submitted that the same would go to show that there has been improvement in the statements recorded under Section 183 BNSS, is not consistent. It is submitted that the victim is a major aged about 20 years. It is further submitted that the applicant has no criminal history as stated in para 21 of the affidavit and is in jail since 14.05.2025. 7. Per contra, learned counsel for the State opposed the prayer for bail and submitted that the victim is a handicapped girl who is disabled from her hands and legs. It is submitted that the applicant is named in the FIR and in the statements of the victim recorded during investigation. It is further submitted that her medical examination goes to show that hymen was found ruptured and the doctor opined that sexual assault cannot be ruled out. 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. 8. After having heard learned counsels for the parties and perusing the records, it is evident that the victim is a handicapped girl. The medical examination states of hymen was ruptured and the opinion of the doctor is that sexual assault cannot be ruled out. The applicant is named in the FIR and in the statements of the victim recorded during investigation. He has assigned the role of committing rape upon her. No ground for bail is made out. I do not find it a fit case for bail. 9. Considering the totality of the case in particular, nature of evidence available on record, I am not inclined to release the applicant on bail. 10. The bail application is, accordingly, rejected. 11. Pending application(s), if any, stand disposed of. (Samit Gopal, J.) Order Date :- 1.8.2025 M. ARIF Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad