informant is nothing but a bundle of lie and the same has been lodged only for exploiting the applicant by indulging his name in a fake, false and frivolous case. The entire prosecution story as unfolded in the first information report is absolutely a self-made story projected by the informant. For the alleged incident dated 24th June, 2022, the first information report has been lodged on 21st July, 2022 i.e. after nearly 28 days from the date of incident for which no plausible explanation has been given. In the statement of the informant/victim recorded under Section 164 Cr.P.C. he knew the applicant for last three years, as he was his friend. About a year ago, there was a fight between the applicant and friend of the informant, namely, Vishal, due to which Vishal lodged a case against the applicant. The informant had good friendship with Vishal, due to which the applicant used to get jealous from his. A year ago the applicant beat the informant when he was alone and he has video clip of the said incident. Since the informant was friend of Vishal, he beat him. It is submitted by the learned counsel for the applicant that from the aforesaid statement it is apparent that there was enmity between the applicant and the informant and because of the same the informant has falsely implicated the applicant in the present case. It is also submitted that the correctness or otherwise of the viral video cannot be examined at this stage and the same will be examined during the course of trial. Neither in any of the documents brought on record of the present bail application nor in the counter afÏdavit, it has been stated that the alleged pistol on the basis of which the informant was forced by the applicant in making of video of his naked body, has been recovered from the applicant. There is also no independent witness on the basis of which it can be said that the present applicant is involved in the commission of alleged offence. The only allegation made against the applicant is of intimidation to the informant by keeping a gun on his head. The main allegation of making oral sex with the informant/victim is upon the co-accused Ajay Thakur. The case of the aforesaid co-accused is distinguishable from the case of the applicant. The applicant has one criminal antecedents to his credit except the present one but in the said case he has been enlarged on bail (see paragraph-16 of the afÏdavit accompanying the present bail application). 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 applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 19th July, 2022.
