CRIMINAL MISC. BAIL APPLICATION No. 1917 of 2024 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 1917 of 2024 Kanhaiya .....Applicant(s) Versus State Of Up Others .....Opposite Party(s) Counsel for Applicant(s) : Bhawesh Pratap Singh Counsel for Opposite Party(s) : G.A., Kamal Kaushal Upadhyay Court No. - 65 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Heard learned counsel for the applicant, learned A.G.A for the State as well as learned counsel for the informant and perused the record. 2. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case. Learned counsel further submits that applicant is named in the F.I.R. Though there is allegation against the applicant that he committed rape upon the informant's niece aged about 09 years. The victim is a deaf and dumb girl therefore, her statements could not be recorded, even her statement at the trial also could not be recorded. The informant is not an eye witness of the alleged incident. At the trial the informant appeared as P.W.2, wherein he has not supported the prosecution case and has specifically stated that he had not seen the alleged incident. A copy of cross-examination of P.W.2 has been prod