JUDGMENT

Ajai Kumar Srivastava-I, J.

Heard Sri Puneet Kumar, learned counsel for the applicants, Sri Vinod Kumar Rai, learned A.G.A. for the State and perused the entire record.

2. The instant application for bail has been moved on behalf of the applicants, Nikhlesh and Akhilesh with the prayer to enlarge them on bail in F.I.R./Case Crime No.117 of 2022, under Sections 450 , 452, 376D I.P.C., Police Station Girwan, District Banda during pendency of the trial.

3. Learned counsel for the applicants has submitted that a false first information report came to be lodged against three accused persons including the present applicants. His further submission is that since no such incident had occurred on the date of alleged incident, the victim has refused to get herself medically examined. To buttress his aforesaid submissions, attention of this Court has been drawn to page 29 appended with this application for bail. His further submission is that the victim has mechanically named three accused persons including the present applicants and has stated that rape upon her was committed by the present applicants also.

4. It is further submitted by learned counsel for the applicants that the co-accused, Matadeen, who is named in the first information report and is also stated to have committed rape upon the victim along with present applicants, has already been granted bail by the coordinate Bench of this Court vide its order dated 21.10.2022 passed in Criminal Misc. Bail Application No.47157 of 2022. The accused/applicants are languishing in jail since 13.06.2022. There is no criminal antecedent of applicant no.2/Akhilesh whereas one non cognizable report is said to be pending against applicant no.1/Nikhlesh, which according to learned counsel for the applicants, has yet not been registered.

5. His further submission is that in case, the applicants are enlarged on bail, they will not misuse the liberty of bail and they will also fully cooperate with the trial court in getting the trial concluded expeditiously. He has also submitted that the applicants will not intimidate or pressurize the witnesses or any other persons acquainted with the facts of the present case.

6. Per contra, learned A.G.A. for the State has vehemently opposed the prayer for grant of bail by submitting that the present applicants are named in the first information report against whom there is a specific allegation of committing rape upon the victim. The victim has supported the prosecution case in her statements recorded under Sections 161 and 164 Cr.P.C. However, he has been unable to dispute the fact that similarly placed co-accused, Matadeen, has already been granted bail by the coordinate Bench of this Court vide its order dated 21.10.2022 passed in Criminal Misc. Bail Application No.47157 of 2022. The victim for the reasons best known to her, has refused to get herself medically examined. He could also not dispute the other factual submissions advanced by the learned counsel for the applicant.

7. Having heard the learned counsel for the applicants, learned A.G.A. for the State and upon perusal of record, it transpires that the first information report came to be lodged against the present applicants. The victim has refused to get herself medically examined. She is major. Similarly placed co-accused, Matadeen, has already been granted bail by the coordinate Bench of this Court vide its order dated 21.10.2022 passed in Criminal Misc. Bail Application No.47157 of 2022. The accused/applicants are languishing in jail since 13.06.2022 who have no previous criminal history.

8. Thus, having regard to the overa