charge sheet has already been submitted, upon which cognizance was taken by Court concerned. Resultantly, Sessions Case No. 577 of 2021, under section 376 (3) IPC and Section 3/4 POCSO Act, P.S. Alapur, District Budaun came to be registered. In the aforesaid trial, two prosecution witnesses of fact namely P.W.1 Rama (prosecutrix) and P.W.2 Ratan pal (first informatn/ father of prosecutrix) have been examined. Aforesaid two witnesses have not supported the prosecution story. On the aforesaid premise, learned counsel for applicant contends that since the prosecution witnesses of fact have not supported the prosecution story, no useful purpose would be served by keeping the applicant in custody. It is thus urged that applicant is liable to be enlarged on bail. It is lastly submitted that applicant is a man of clean antecedents, inasmuch as he has no criminal history to his credit except the present one. Applicant is in jail since 7.6.2021. As such, he has undergone more than ten months of incarceration. In case applicant is enlarged on bail he shall not misuse the liberty of bail and shall co-operate with trial.
