JUDGMENT :

1. Heard Mr. Shashi Kant Rai, learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record.

2. By means of this application under Section 439 of Cr.P.C., applicant, who is involved in Case Crime No. 661 of 2020, under Section 376/34 IPC, P.S. Anoopshahr, District Bulandshahr seeks enlargement on bail during the pendency of trial.

3. This is the second bail application. The first bail application of the applicant was rejected by this Court vide order dated 13.08.2021 passed in Criminal Misc. Bail Application No. 23073 of 2021 on the ground that victim in her statement under Section 164 Cr.P.C. has made allegation of rape against all the three accused person and in the vagina of the victim a circular wooden piece of 12 cm long and 2.5 cm in circumference was found.

4. The main substratum of argument of learned counsel for the applicant is that the evidence of the victim has been recorded before the trial court on 30.07.2021 as PW-1 in which she has not supported the prosecution case and has been declared hostile. She stated that she had made the allegation of rape in her statement under Section 164 Cr.P.C. at the behes