Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case due to prior enmity between applicant and complainant; the applicant is tenant in the house of the complainant; a Civil Suit No.359 of 2019 is also pending before the learned Civil Judge (Junior Division), due to this the present false F.I.R. has been lodged against the applicant. He further submitted in para 9 of the affidavit that the victim refused to undergo for medical examination, hence, there is no medico legal report of the victim and nothing has been recovered from the possession of the applicant; the statement of victim made under Sections 200 Cr.P.C. and 202 Cr.P.C. is that the applicant as well as co-accused had sexually assaulted her; the applicant is tenant and only to get premises vacated, the victim lodged the present F.I.R. against the applicant. He further contended that the co-accused, namely, Malkhan Singh @ Indal, Ramveer Singh and Veer Singh have been granted bail by this Court in Criminal Misc. Bail Application No.22840 of 2019 and 20297 of 2019 vide order dated 07.06.2019, hence, the applicant is also entitled for bail on the ground of parity. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. It is next submitted that there is no possibility of fleeing away of the applicant from the judicial custody or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is also contended that the applicant is languishing in jail since 08.03.2020.
