Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Applicant is not named in the FIR. As per medical report, victim is aged about 18 years. In the statement recorded under Section 161 Cr.P.C., applicant has not been named. The statement of 161 and 164 Cr.P.C. are contradictory and not supporting the version of FIR. During investigation, on the basis of information received from mukhbir , the applicant's name surfaced. The applicant having no criminal history. He further contended that co-accused, namely, Nazim @ Munna and Raja Mirza have been granted bail by the co-ordinate Bench of this Court in Criminal Misc. Bail Application Nos.28979 of 2022 and 28717 of 2022 vide order dated 07.07.202 and 04.08.2022, 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 05.03.2022.
