CRIMINAL MISC. BAIL APPLICATION No. 2445 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 2445 of 2026 Jitendra Nishad .....Applicant(s) Versus State of U.P. .....Opposite Party(s) Counsel for Applicant(s) : Krishna Shankar, Sumit Kumar Gupta Counsel for Opposite Party(s) : G.A. Court No. - 65 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the material brought on record. 2. Learned counsel for the applicant submits that applicant is named in the F.I.R. In the FIR it has been alleged by the informant that when she went outside the house the applicant reached there and after alluring her mentally retarded daughter aged about 23 years, took her upon the roof of the house where he committed her rape. The statement of the victim under Section 180 BNSS was recorded with the help of her mother, wherein she made allegation of rape against the applicant. Thereafter, statement of the victim under Sections 180 & 183 BNSS was recorded with the help of psychiatric, in which she also made allegation of rape against the applicant. As per the prosecution case the alleged incident occurred on 29.07.2025 and the victim was medically