It is submitted by the learned counsel for the applicant that the applicant has been falsely implicated in the present case. The prosecutrix herself lodged FIR on 09.12.2017 registered as Case Crime No.587 of 2017 at Police Station Gorakhnath, District Gorakhpur, under sections 354, 323 & 376D I.P.C. against the accused Vikash Chandra Gupta, Shivang Gupta (applicant) and one unknown person. In the F.I.R. it is alleged that the victim/prosecutrix is a married lady having one child. She was married with Rakesh Singh but her relation with her husband was not cordial, therefore, she separated and divorce suit filed by the prosecutrix against her husband is still pending. In the meantime, she came in contact of co-accused Vikas Chandra Gupta, who took lot of money and ornaments from the victim for business purpose. It is alleged that on 9.12.2018, Vikash Chandra Gupta called the prosecutrix to his house where Shivang Gupta (applicant) and one unknown person committed rape on her. On the said allegation, it is submitted by the learned counsel for the applicant that the prosecutrix in her statement under Section 161 Cr.P.C. has stated that on 15.08.2017, she got her marriage solemnized with co-accused Vikash Chandra Gupta in a temple. The prosecutrix in her statement under Section 164 Cr.P.C. has disclosed the name of third accused Ragvendra Shahi @ Tunna, making allegation of committing rape against the present applicant as well as Ragvendra Sahu @ Tunna. The co-accused Ragvendra Shahi @ Tunna has been granted bail by coordinate Bench of this Court on 1.3.2019 in Criminal Misc.Bail Application No.8926 of 2019. Lastly, it is submitted that considering the statement of
