Learned counsel for the applicant has submitted that the F.I.R. of this case was lodged by the victim herself against 12 unknown persons with the allegations that she along with her friend accompanied to Ugrasen Gupta and Shyam Narayan Gupta on their motorcycle for the purpose of making Aadhar Card. Amid the way, in order to respond the call of nature, the motorcycle was stopped and in the meantime 12 unknown persons attracted there and some of them caught hold of their two brothers, who were standing nearby the motorcycle while the remaining caught hold the informant and her friend. The informant and her friend both were raped by the accused persons. The learned counsel for the applicant has submitted that the name of the applicant surfaced during investigation and both the victims were examined before the trial court, as the trial has commenced, and both have been declared hostile and have stated that they could not identify the rapist. It is also submitted that similarly situated co-accused, namely, Sufrail Khan has granted bail in B.A. No. 9048 of 2021 by a co-ordinate Bench of this Court vide order dated 29.09.2021. The applicant has been languishing in jail since 31.07.2020.
