The submission of learned counsel for the applicant is that the applicant is the prosexutrix's husband and the present prosecution is the result of a matrimonial discord between parties. It is based on utter falsehood. It is submitted that so far as the applicant is concerned, there is no allegation against him in the first information report, which otherwise is primarily one under Section 498-A I.P.C. with the other offences added to it as frills. It is also submitted that in the statement under Section 164 Cr.P.C., the allegation of rape is against the father-in-law, Gulshan Ali and not against the applicant, or any other family member. Learned counsel has taken the Court through the statement of the prosecutrix recorded under Section 164 Cr.P.C. He submits that the applicant has been challaned in connection with the present crime on the statement of the prosecutrix under Section 161 Cr.P.C., alone. It is argued further that the coaccused, Gulshan Ali, father-in-law, whom the prosecutrix has nominated as the perpetrator of the offence of rape has been admitted to the concession of bail by this Court vide order dated 22.05.2017 passed in Criminal Misc. Bail Application No.22269 of 2016. It is urged that the applicant, therefore, is entitled to bail on ground of parity.
