Atish Kumar v. State of U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 29944 of 2026

Atish Kumar

.....Applicant(s) Versus

State of U.P.	.....Opposite Party(s)
Counsel for Applicant(s)	: Janardan Yadav
Counsel for Opposite Party(s)	: G.A., Rajesh Kumar Yadav

Court No. - 67

HON'BLE JITENDRA KUMAR SINHA, J.

1 . List revised. Heard Sri Janardan Yadav, learned counsel for the applicant and Sri Ashish Kumar Tripathi, learned A.G.A. for the State and Sri Rajesh Kumar Yadav, learned counsel for the first informant. Supplementary affidavit filed today is taken on record.

2 . The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 120 of 2026, under Sections 70(1), 351(3) BNS, Police Station Jahanaganj, District Azamgarh, during the pendency of the trial.

3 . It is contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case and the FIR has been lodged after two days and prior to the lodging of the present FIR, an application was given by the grandfather of the victim alleging therein that some incident took place on 28.5.2026 and on that application three more accused persons were named, however, no FIR has been lodged on the basis of said application. It is submitted that as per FIR the applicant and five other persons are said to have committed gang rape on the victim aged about 18 years, however, medico-legal report of the victim does not support the commission of rape on her as no injury has been found on her private part. It is further submitted that the victim appeared before the trial Court for examination and the prosecutor was not ready to get her examined, then she filed an application before the trial