It has been argued by learned counsel for the applicants that for the alleged incident dated 24th April, 2019, the present first information report has been lodged on 29th April, 2019 by Sonu i.e. cousin brother of the victim, namely, Kumari Neeraj against Mujahid and Fakhruddin (applicants herein) i.e. after five days from the date of alleged incident for which no plausible explanation has been given, which makes the prosecution case doubtful. In the first information report, it has been alleged that on 24th April, 2019 at 09:00 p.m., when the victim was coming from her plot on the way near vacant plot of one Nem Singh, both the accused persons with bad intention caught hold of hand of the victim and tried to commit indecent act with her, on her shouting when the informant reached, they abused and beat her. On noise of shouting when the villagers came they ran away. It has further been argued by the learned counsel for the applicant that in the statements of the victim recorded under Section 161 and 164 Cr.P.C., there are huge variations,. which also makes the prosecution case doubtful. It has further been argued that the real fact is that the victim was in affair with applicant no.2 and at the time of incident, she had gone to meet him but unfortunately, the informant also reached there and saw them. Since the informant does not like the applicant no.2, he has lodged the present first information report falsely implicating the applicant no.2 and applicant no.1 who is his real uncle. There is no public or independent witness from which it is established that the applicants are involved in the commission of the alleged incident. They are innocent. The applicants have no criminal antecedents to their credit except the present one. It is next contended that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicants are enlarged on bail, the applicants shall not misuse the liberty of bail. The applicants are in jail since 30th April, 2019.
