This is first bail application moved on behalf of applicant in case Crime No. 139 of 2006, under Section 376 IPC, Police Station Magora, District Mathura.

2. Briefly, the prosecution case, according to the First Information Report, is that first informant Satyavir son of Ram Prasad lodged a First Information Report on 4-11-2006 at 1. 10 a. m. against two accused, namely, Duli Chandra and Banwari alias Banai Singh for the offence under Section 376 IPC alleging that when his wife Smt. Maya was returning on 3-11-2006 in the night at about 8. 00 p. m. after serving meal to him in the agriculture field and reached near the field of Yuvraj Singh, both the accused persons met her and they forcibly fallen down her and committed rape upon her one by one. She raised an alarm upon which he came there from his field. Thereafter, both the accused ran away from the scene of occurrence. Due to night and fear, he did not lodge the F. I. R. at the concerned police station on the same night but lodged it on the very next day.

3. Heard the arguments of the learned Counsel for the parties and perused the whole records.

4. It is contended by the learned Counsel for the applicant that p