During the course of investigation, statements of the victim were recorded under Sections 161 and 164 Cr.P.C. In her statement recorded under Section 161 Cr.P.C., she stated that the applicant along with co-accused, Ram Singh brought her to a forest and committed rape with her. However, in her statement under Section 164 Cr.P.C., the victim stated that co-accused, Ram Singh inserted his finger into her private part. Thereafter, she came back to her house and narrated the incident to her mother, on which, her parents went to the police on the next day. Submission of the learned counsel for the applicant is that there is major contradictions in the statements of the victim recorded under Sections 161 and 164 Cr.P.C. as well as other witnesses and the prosecution is a malicious one. It is lastly submitted that in near future, there is no possibility of conclusion of trial and the applicant, who has no criminal antecedent, is in jail since 14.02.2024. In such circumstances, applicant is entitled for bail. It is also submitted that the applicant will never misuse the liberty of bail and shall fully cooperate in the trial.
