( 1 ) THE applicant has requested for bail in a case of u/s. 376, IPC. It is alleged that while the victim a girl about seven years was sleeping during the night of 20/21. 1. 1993 she was lifted by the applicant and co-accused from her house and taken to a near by field where rape was committed on her. The applicant has been named in the First Information Report he claimed that he is not known to the witnesses including the parents of the girl who has reached the placed of occurrence allegedly just after the crime and had allegedly seen the applicant alongwith the coaccused in the torch light. The applicant claimed through an application before the Magistrate concerned that he should be put for test identification parade, but the prosecution opposed the application and the Magistrate therefore rejected the prayer. The applicant has also taken the plea of alibi stating that he was working in a. different district with a Thekedar. It has also been pleaded that the First Information Report was lodged after seven days and this unreasonable delay has not been explained.

( 2 ) RELIANCE has been placed on Madan Mohan Singh v. State of UP. , and Sakil v. State of U. P. and