It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case due to village party bandi. As per the allegations made in the F.I.R., when the victim was alone in her house, the applicant entered her house and molested her. The same version has been reiterated in the statement of the victim. As per medical report of the victim, she is aged about 11 years and no external or internal injury was found on her body. Learned counsel for the applicant has also pressed the issue of period of detention of the applicant i.e. 23.11.2018, who has undergone more than six months of incarceration. He, therefore, submits that considering the larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 3 SCC 22 no useful purpose would be served in keeping the applicant behind the bars. The criminal history of applicant has been explained in paragraph no.12 of the affidavit accompanying the bail application. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means.
