G.P.Srivastava - (1.) HEARD learned counsel for the applicant and learned A.G.A.
(2.) ACCORDING to the prosecution case in the intervening night of 11/12.5.2006 at about 2.00 a.m. when the victim was sleeping alongwith her children in her house the applicant alongwith other entered the house and at the pointing of revolver committed rape upon her after gagging her mouth. The victim in her statement recorded under Section 161, Cr. P.C. has supported the version of the first information report. Learned counsel for the applicant has argued that it is not possible that the rape was committed in the night when the family members were already present. The answer lies in the statement of the victim as she has stated that when the accused person fled away she raised alarm and then her brother-in-law and other family members reached there. Her husband was not present in the house. The victim is a married lady having children so the absence of any injuries in the medical examination report is immaterial. No ground for bail is made out. This bail application is rejected.;