CRIMINAL MISC. BAIL APPLICATION No. 23319 of 2025 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 23319 of 2025 Chhavinath Alias Manjhil .....Applicant(s) Versus State of U.P. .....Opposite Party(s) Counsel for Applicant(s) : Rajesh Kumar Sachan, Sandhya Sachan Counsel for Opposite Party(s) : G.A. Court No. - 65 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Heard learned counsel for the applicant, learned A.G.A for the State and perused the record. 3. Learned counsel for the applicant has contended that according to the F.I.R., allegations on 15.03.2025 at about 04:00 P.M., the victim was sleeping at the tube well in the meantime, the applicant came and committed rape and had assaulted her, due to which she sustained injuries. He further submits that the applicant is aged about 48 years, whereas as the victim is aged about 40 years and is mother of five children. Learned counsel further argued that the victim in her statement recorded under Section 180 of B.N.S.S. has specifically stated that when she was sleeping deeply at the tube well, the applicant had committed rape and when she awoke, she saw that the applicant was upon her, thereafter ran away, whereas the victim in her statement recorded under Section 183