Neutral Citation No. - 2025:AHC:116765 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24785 of 2025 Applicant :- Vishal Alias Abhishek Opposite Party :- State of U.P. Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Sushil Kumar Pandey, learned counsel for the applicant, Sri Birendra Pratap Singh, learned A.G.A. and perused the material on record. 3. This bail application under Section 483 of B.N.S.S. has been filed by the applicant- Vishal Alias Abhishek, seeking enlargement on bail during trial in connection with Case Crime No.298 of 2025, under Section 87, 64(1), 351(3) B.N.S., registered at P.S. Nai Mandi, District- Muzaffar Nagar. 4. The F.I.R. of the matter was lodged on 14.6.2025 by Vinod against the applicant and two other unknown persons alleging therein that on 13.6.2025 at about 06:30 a.m. his daughter had gone to study at A to Z Coaching Centre,Almaspur but did not return back till 04:00 p.m. When she returned back she told him that the owner of the coaching Vishal allured her and took her to a hotel where inspite of her refusal raped her and then left her and ran away. Two other unknown persons were accompanying him who threatened her of not telling anyone about it else she would be murdered. She is in critical condition. A report be lodged and action be taken. She is aged about 19 years. 5. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted while placing para-11 of the affidavit that the victim was sent for medical examination and as per medical examination report no injury was found either external or internal part of her body. It is submitted that the present case is a case of consent. It is further submitted while placing para-16 and 17 of the affidavit that the applicant is an educated person and has been selected on the post of Constable in civil police and has been issued an appointment letter but after the same, the victim and the informant started demanding Rs.15 lakh from him and also to solemnize marriage but due to caste difference the applicant's family members denied marriage and also denied making payment and thereafter being annoyed they lodged the present F.I.R. It is submitted that the applicant is having no criminal history as stated in para-19 and is in jail since 16.6.2025. 6. Per contra, learned A.G.A. opposed the prayer for bail and submitted that the applicant is named in the F.I.R. and there are allegation of rape against him. It is submitted that the medical examination of the victim shows that redness was present in the hymen and it was torn at 6 O'clock position which goes to show that there has been sexual assault on the victim. It is submitted that there is no reason for false implication of the applicant. It is submitted that the applicant is named in the F.I.R. and in the statements of the victim recorded during investigation. 7. After having heard learned counsels for the parties and perusing the records, it is evident that the applicant is named in the F.I.R. and in the statements of the victim recorded during investigation. Private parts of the victim shows injuries on it. 8. Looking to fact and circumstances of the case, nature of evidence and gravity of offence, I do not find it a fit case to release the applicant on bail. 9. Accordingly, the bail application is rejected. (Samit Gopal,J.) Order Date :- 18.7.2025 Naresh Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad