CRIMINAL MISC. BAIL APPLICATION No. 29403 of 2024 at Allahabad

Neutral Citation No. - 2025:AHC:84778 Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29403 of 2024 Applicant :- Naseem Opposite Party :- State of U.P. Counsel for Applicant :- Ehtesham Afsar Khan,Mohit Gautam Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J. Heard learned counsel for the applicant and learned A.G.A for the State. There are allegations against the applicant of committing the offences of rape, outraging the modesty of victim, causing her hurt and criminal intimidation. Counsel for the applicant submits that in the statement of victim recorded under Section 161 Cr.P.C., she has not made any allegation of rape against the applicant nor the medical report of victim supports the same. Such allegation is only found in her belated statement recorded under Section 164 Cr.P.C. From the medical report of the victim, she was found to be aged about 20 years. Counsel for the applicant has also submitted that it is a case of consent. The applicant has been falsely implicated in this case. He is in jail since 01.06.2024 and has no criminal history to his credit. On the other hand learned A.G.A has opposed the prayer for bail. Keeping in view the nature of the o