# CRIMINAL MISC. BAIL APPLICATION No. 39458 of 2025 at Allahabad

Court: Allahabad High Court
Date: 2025-11-12
Citation: CRIMINAL MISC. BAIL APPLICATION No. 39458 of 2025 at Allahabad
Petitioner: CRIMINAL MISC. BAIL APPLICATION No. 39458 of 2025 at Allahabad
Respondent: Unknown

[Official PDF on Allahabad High Court website](https://elegalix.allahabadhighcourt.in/elegalix/WebDownloadOriginalHCJudgmentDocument.do?translatedJudgmentID=63033)

## Judgment text (excerpt)

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 39458 of 2025 Kapil .....Applicant(s) Versus State Of U.P. And 3 Others .....Opposite Party(s) Counsel for Applicant(s) : Jitendra Kumar Counsel for Opposite Party(s) : G.A., Shobhit Agrawal Court No. - 65 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. List revised. None appears on behalf of informant despite name of the informant's counsel is printed in the cause list. 2. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 3. Learned counsel for the applicant submits that though the victim in her statements has made specific allegation against the applicant for committing her rape, but at the trial the victim (P.W.2) in her testimony has not made any allegation of rape against the applicant and she has not supported the prosecution case, thus, she has been declared hostile, which statement has been filed as Annexure-5 to the affidavit filed in support of the bail application. Thus, it is argued that there is bleak chance that prosecution may prove its case beyond reasonable doubt and the applicant may be convicted. Several other submissions in order to demonstrate the falsity

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