CRIMINAL MISC. BAIL APPLICATION No. 2621 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 2621 of 2026 Vijay .....Applicant(s) Versus State of U.P. .....Opposite Party(s) Counsel for Applicant(s) : Avinash Pandey 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 material brought on record. 2. Learned counsel for the applicant submits that the F.I.R. was lodged in unknown with regard to missing of the informant's wife and his five year old daughter. When the victim was recovered her statement under Section 161 Cr.P.C. was recorded wherein she does not make any allegation of rape against the applicant, whereas in her statement recorded under Section 164 Cr.P.C. the victim has developed prosecution case by making allegation of rape against the applicant. The victim is a married lady, aged about 36 years and she is mother of three children. In her medical examination no external or internal injury was seen on her person, her hymen was found old torn and healed. Learned counsel further submits that there are material contradictions in the statements of the victim recorded under