Learned counsel for the applicant submits that applicant has been falsely implicated in this case. As per version of the FIR, the victim was enticed away by the applicant along with two other co-accused persons. There is no allegation regarding commission of rape in the FIR, but the same has been alleged in the statement of the victim recorded under Section 164 Cr.P.C. There are variations in the statement of the victim recorded under Sections 161 and 164 Cr.P.C. As per medical report no injury has been found on the body of victim. As per School Leaving Certificate the victim is aged about 17 years. The coaccused Aashish, having identical role, has already been granted bail by this Court vide order dated 18.02.2019 passed in Crl. Misc. Bail Application No.4288 of 2019 and co-accused Rinku has also granted bail on 14.03.2019 by a coordinate Bench of this Court in Criminal Misc. Bail Application No.11008 of 2019. Accordingly, the applicant is also entitled for bail on the ground of parity. It is next contended that applicant has no criminal history and there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 04.06.2018.
