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2.2 Learned Advocate for the applicant submitted that in fact, the prosecution has no legs to stand against the applicant as the prosecutrix herself is changing her version. He submitted that prior to registration of the FIR, she had addressed a handwritten letter to her father, where she expressed that she wants to end her life as she is fed up with what is happening to her and in that first version, name of the applicant has not found any place. He further submitted that the investigation has not even taken care to establish HC-NIC Page 3 of 11 Created On Sat Aug 19 23:39:08 IST 2017 R/CR.MA/15638/2017 ORDER correct identity of the applicant before charging the applicant with such serious sections.

2.3 Learned Advocate for the applicant submitted that the evidence collected by the investigating agency with reference to two incidences in which the prosecutrix is implicating the applicant, are thoroughly irrelevant and do not pertain to the period during which those two incidences have alleged to have taken place. 2.4 He submitted that though the allegations are made about an incidence which took place in a hotel, the investigation has not collected CC TV footage to show presence of the applicant. He submitted that considering the change of version in several statements of the prosecutrix recorded during the course of investigation, would entitle the applicant to the discretionary relief. 2.5 Learned Advocate for the applicant strongly relied upon the affidavit purportedly executed by the prosecutrix on 16.05.2017, where it is stated that Vasant (not the applicant who is arrested), but Vasant from Adipur) who has committed rape.

3.5 He submitted that the investigation is still going on and some of the accused are yet to be apprehended, though charge sheet qua the present applicant is already filed.

4. Heard learned Advocates for the rival parties.

5. The Court at the stage of considering a bail application is not called upon to threadbare into the area of appreciation of evidence by trying to find out contradictions or change of version of the witnesses. Consideration would be whether there exists sufficient evidence to prima facie establish charge for which the accused is charge sheeted.