took Rupa forcibly on his motorcycle over which Rahul was accompanying him and they took both the girls away; this was witnessed by one Virendra Patel, who informed informant and informant, alongwith others, ran on the spot till then accused persons, alongwith the girls had fled away; no accusation of taking Nidhi Patel by the present accused-applicant was there in the first information report and in the statement of Rupa, she has said that upon her own volition, she, alongwith her friend, Nidhi Patel, remained out of School whereas other girls entered inside the Schools and thereafter they went to Subhash Chowk where they met with Anil Ahirvar and from where all three went to Mahoba Station where Nandu accompanied them and thereafter all four went to Kulpahar by Auto from where all of them went to Jhansi and thereafter to Delhi where all of them stayed at a tenanted room till 25.8.2017; thereafter they separated and Rupa remained with Anil and established relationship of husband and wife on their consensus; subsequently they came back to Mahoba with the intention to get married where she had been apprehended meaning thereby it was a consensual fleeing as was said by Rupa; the same is the contention under Section 164 Cr.P.C. of Rupa that she remained with Anil on her on volition; investigation resulted in filing of chargesheet against other accused persons and the name of accused-applicant was not there, but in statement recorded during trial above development took place and on the basis of application moved, under Section 319 Cr.P.C., accusedapplicant was summoned. Accused-applicant is of no criminal antecedents, hence bail has been prayed for.
