(1.) This second criminal bail application as criminal appeal has been filed seeking release of the appellant Fotu @ Subhash who has been arrested for the offence under Secs.376 (D) IPC read with Sec. 3(1)(W), 5(v) of SC/ST Act and Sec. 67, 67(A) of IT Act.
(2.) Counsel for the appellant submits that the first bail application was withdrawn at this stage on 27/6/2018 and thereafter statement of prosecutrix has been recorded and the prosecutrix has been declared hostile so far appellant Fotu @ Subhash is concerned.
(3.) Counsel appearing for the State submits that the fact of prosecutrix having been declared hostile as against the appellant Fotu @ Subhash would be examined during the trial.