RAMESH SINHA,J - (1.) Heard Sri Kapil Gupta, learned counsel for the applicant and Sri G.D. Bhatt, learned A.G.A. for the State and Sri Anoop Srivastava, learned counsel for the complainant.
(2.) Learned counsel for the applicant submitted that this is third bail application and the first was dismissed as not pressed and it was not decided on merit. This is third bail application which is listed before this Court.
(3.) It has been argued by the learned counsel for the applicant that the applicant along with co-accused i.e., Raj Kumar and Ramu have been implicated in the present case on the basis of the complaint case. As per the statement of the victim recorded under section 202 CrPC, 1973 the allegation of rape has not been levelled against the applicant. The allegation levelled against the applicant is that he made the victim unconscious. It has been pointed out that subsequently, the deceased was murdered by her father and brother for which they have lodged F.I.R. against the applicant but during the course of investigation it was found that the father and brother of the prosecutrix have murdered her and they have got themselves bailed out. The applicant is languishing in Jail since 10.2.2016.;