SANJAY K Vs. STATE

JUDGEMENT

(1.) This is a petition under section 439 Cr.P.C. Petitioner is accused No.6 in Cr. No. 38/2019 registered by the respondent police for the offence punishable under sections 307 , 376D , 397 , 120(B) and 201 of IPC.

(2.) Heard the petitioner's counsel and the Additional State Public Prosecutor.

(3.) According to the victim who gave first information she was subjected to gang rape by three persons on 8.5.2019. Learned counsel for the petitioner argues that the charge sheet materials indicate that it was the first accused who was the conspirator and that accused Nos. 1 to 3 and 7 have been granted bail. Therefore, on the ground of parity, the petitioner is also entitled to bail. He further argues that there are lot of contradictions in the statement of victim. Whatever she has stated before the Magistrate when she gave a statement under section 164 of Cr.P.C. totally vary from the first information that she gave. The medical documents do not indicate any injury on her person. Therefore, the whole case of gang rape on her cannot be believed. He therefore argues that there are no prima facie materials.