Neutral Citation No. - 2025:AHC:62540 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30856 of 2024 Applicant :- Mahesh Chandra Opposite Party :- State Of U.P. And 03 Others Counsel for Applicant :- Ravindra Singh,Shoab Qumar Khan Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Learned A.G.A. has informed that notice to the informant has been served on 15.8.2024. 3. Heard Sri Shoab Qumar Khan, learned counsel for applicant and Sri Sunil Kumar, learned A.G.A. for the State. 4. The present bail application has been filed by the applicant in Case Crime No.603 of 2024, under Sections 65(2) B.N.S. and 5M/6 POCSO Act, Police Station- Majhola, District- Moradabad with the prayer to enlarge him on bail. 5. As per prosecution story, the applicant is stated to have touched inappropriately and fondled with the minor niece of the informant aged about 7 years after disrobing her on 9.7.2024 at about 06:00 p.m. by taking her to his house. 6. Learned counsel for the applicant has stated that he has been falsely implicated in the present case. The FIR is delayed by about four hours and there is no explanation of the said delay caused. There is no medical corroboration of the incident. The allegations are per se false. It is a clear cut case of false implication as the informant had an altercation with the applicant and subsequent to the said fight, the victim had stated that she shall not let the applicant out of jail for substantial period of time, as such, the applicant is entitled for bail. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 13.7.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Per contra, learned A.G.A. has vehemently opposed the bail application on the ground that the victim was 7 years old only and no cogent reason has been assigned by the applicant for false implication. The said act of the applicant depicts the highest degree of mental depravity, as such, the applicant is not entitled for bail. 8. After hearing learned counsel for the parties and taking into consideration the age of the victim being 7 years old only and also the fact that FIR is prompt instituted within four hours, I do not find it a fit case for grant of bail to the applicant. 9. The bail application is found devoid of merits and is, accordingly, rejected. 10. 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 :- 24.4.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad