It is submitted by learned counsel for the applicants that they are innocent and have been falsely implicated in the present case for committing rape with the victim when she went to attend natural call. Applicants are nephew and uncle. Further submitted that occurrence is said to have taken place on 13.6.2021 regarding which an application under Section 156(3) Cr.P.C. was moved on 6.8.2021 before the court concerned and on the basis of order passed by the learned trial court, F.I.R. was lodged on 20.9.2021. In this way, there is delay in lodging the F.I.R. having no explanation. In medical examination, no any injury or sign of rape was found on the person of the victim. Her age was found to be 18 years. Further submitted that during trial statement of P.W. informant & P.W.2 victim have been recorded in which they have not supported the prosecution version but the victim stated clearly that culprits were with covered faces so she could not identify them. In this way, there is no evidence on record to show that these applicants committed rape with her. There is no criminal history against them. Applicant no. 1 is languishing in jail since 23.11.2021 and applicant no. 2 is languishing in jail since 19.8.2021 and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in trial.
