Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case as per as the statement of the victim and medical report she is major. The first informant, father of the victim, lodged the first information report under Sections 363, 366 I.P.C. In the statements recorded under Section 161 Cr.P.C. and 164 Cr.P.C., there is no allegation of rape against the applicant and the victim in her statement under Section 161 Cr.P.C. has stated that she on her own will went along with the applicant and solemnized marriage and lived in Gujarat. As per the medical report, there is no mark of injury over the body of the victim. The victim in her statement has not made any statement regarding physical relation or rape against the applicant. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. It is next submitted that there is no possibility of fleeing away of the applicant from the judicial custody or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. So, the applicant, who is languishing in jail since 15.8.2020, having no criminal history to his credit, deserves to be released on bail.
