# CRIMINAL MISC. BAIL APPLICATION No. 43039 of 2025 at Allahabad

Court: Allahabad High Court
Date: 2025-12-05
Citation: CRIMINAL MISC. BAIL APPLICATION No. 43039 of 2025 at Allahabad
Petitioner: CRIMINAL MISC. BAIL APPLICATION No. 43039 of 2025 at Allahabad
Respondent: Unknown

[Official PDF on Allahabad High Court website](https://elegalix.allahabadhighcourt.in/elegalix/WebDownloadOriginalHCJudgmentDocument.do?translatedJudgmentID=59998)

## Judgment text (excerpt)

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 43039 of 2025 Jitendra .....Applicant(s) Versus State of U.P. .....Opposite Party(s) Counsel for Applicant(s) : Ehtesham Afsar Khan Counsel for Opposite Party(s) : G.A. Court No. - 65 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record. 2. Learned counsel for the applicant submits that applicant is named in the FIR along with one unknown person. The FIR was lodged by the victim herself stating therein that previous night at about 9:00 hours the applicant came into her house along with one unknown person and he had forcibly disrobed her and when her father came there, they fled away, thus, she has not made allegation of rape in the FIR, whereas in her statements recorded under Section 180 BNSS she had developed her story by stating that applicant had attempted to commit her rape after disrobing her and in her statement recorded under Section 183 BNSS she had made allegation of attempt to rape against both the accused including the applicant but in this statement she had not taken name of the applicant, thus, how 

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