found the allegations not be established at all by any evidence and have, therefore, submitted a final report. The prosecutrix protested where the final report was accepted, and, her protest petition was treated as a complaint. It is submitted that on the basis of the statement of the prosecutrix and her witnesses, the Magistrate has summoned the applicant and other co-accused to stand their trial for the offences, amongst others, under Section 376D IPC. It is urged that there absolutely no evidence apart from the mere assertion of the prosecutrix and her witnesses in support of the prosecution case. It is further pointed out that the prosecutrix has denied submitting to medical examination in regard whereto, pending investigation the fact has been recorded by the police in their case diary dated 26.09.2014, annexed as Annexure-8 to the affidavit filed in support of the present bail application. It is submitted that denial to submit to medical examination by the prosecutrix in a case where she has alleged gang rape, certainly shows that whatever she is saying is utter falsehood, as a truthful allegation of gang rape would have immensely strong medical evidence to support. It is further submitted that the co-accused Umesh Chandra, who has been assigned an identical role as the applicant, and a much younger man, has been admitted to the concession of bail by this Court vide order dated 08.07.2018 passed in Criminal Misc. Bail Application No.24486 of 2018, and, therefore, the applicant is entitled to bail on the foot of parity.
