Allahabad High Court · 2025-12-05
CRIMINAL MISC. BAIL APPLICATION No. 43072 of 2025 at Allahabad
- Citation / case number
- CRIMINAL MISC. BAIL APPLICATION No. 43072 of 2025 at Allahabad
- Court
- Allahabad High Court
- Petitioner
- CRIMINAL MISC. BAIL APPLICATION No. 43072 of 2025 at Allahabad
- Respondent
- Unknown
Judgment text excerpt
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 43072 of 2025 Jay Kumar .....Applicant(s) Versus State of U.P. .....Opposite Party(s) Counsel for Applicant(s) : Vijay Singh Sengar 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 record. 2. Learned counsel for the applicant has contended that the victim is aged about 21 years. Learned counsel further argued that the victim in her statement recorded under Section 180 of B.N.S.S, has levelled allegation of molestation in the late night about 12:00 hours, whereas in her statement recorded under Section 183 of B.N.S.S., she has improvised her statement to the extent of commission of rape. It is next argued that there is material contradiction in the statements of victim recorded under Section 1890 and 183 B.N.S.S., which belies the prosecution story. Learned counsel further argued that the victim has refused to undergo for medical examination, which also cast shadow of doubt upon the prosecution story. It is thus contended that the applicant has been falsely implicated in the present cas