CRIMINAL MISC. BAIL APPLICATION No. 31107 of 2024 at Allahabad

Neutral Citation No. - 2025:AHC:94075 Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31107 of 2024 Applicant :- Govinda Alias Hargovind Opposite Party :- State of U.P. Counsel for Applicant :- Prem Chandra Dwivedi 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 offence of rape against the victim aged about 19 years.. Learned counsel for the applicant submits that from the statement of the victim recorded under section 164 Cr.P.C. it is clear that no offence of rape was committed.She has stated that applicant only touched her breast and cheeks.The applicant is in jail since 24.5.2024 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 offence, evidence, complicity of the accused, submissions of the learned counsel for the parties noted above, finding force in the submissions made by the learned counsel for the applicant, larger mandate of the Article 21 of the Constitution of India, recent judgment dated 11.07.2022 of the Apex Court in the case