CRIMINAL MISC. BAIL APPLICATION No. 25475 of 2024 at Allahabad

Neutral Citation No. - 2025:AHC:72691 Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25475 of 2024 Applicant :- Salman Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Satyam Narayan Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J. Heard learned counsel for the applicant and learned A.G.A for the State. Rejoinder affidavit filed today is taken on record. There are allegations in the F.I.R against co-accused, Shahjeb @ Doda, for committing an offence of rape against minor daughter of informant. Counsel for the applicant submits that there is false allegation in the F.I.R that the victim is mentally retarded when her statement has not been recorded as per Section 164(5-A) Cr.P.C. In the statement of victim recorded under Section 164 Cr.P.C., she has implicated four other persons, namely, Salman, Nadeem, Fateh and Danish @ Bavla, but the medical report of the victim does not proves the allegations made in the F.I.R. The doctor has not found any injury whatsoever indicative of commission of any recent offence of rape / gang rape. The applicant is in jail since 25.02.2024 and has no criminal history to his credit. On the other hand learned A.G.A