GANESH MISHRA Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard learned counsel for the applicant and Shri Rabindra Kumar Singh, learned Additional Government Advocate representing the State.

(2.) By means of this application under Sec. 439 of Cr.P.C., applicant, who is involved in Case Crime No. 166 of 2021, under Ss. 376-D of I.P.C. and 5/6 Protection of Children from Sexual Offences Act, Police Station- Kayamganj, District- Fatehgarh (Farrukhabad), seeks enlargement on bail during the pendency of trial.

(3.) As per prosecution case, in brief, victim, who is aged about 15 years, herself lodged a first information report on 16/5/2021, against the present applicant Ganesh Mishra, Rahul @ Ajay and Rohit Fauji, with the allegations inter-alia that on 14/5/2021 at 11.00 PM when she came out of her house to attend the call of nature, at that time Rahul alias Ajay came there and took her to the house of Ganesh Mishra (applicant) where Ganesh and his friend Rohit Fauji were present. They forcibly made her to drink cold drink whereafter she started feeling drowsiness. Thereafter all the three accused persons committed rape on her one by one.