Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. He next submitted that the F.I.R. was lodged under Section 354-kha and the applicant applied bail before the court below and the Chief Judicial Magistrate vide order dated 12.8.2020 granted bail to the applicant. Investigating Officer submitted chargesheet under Sections 376, 354-B, 511 I.P.C. He further submitted that as per the statements recorded under Section 161 Cr.P.C. and 164 Cr.P.C., there is no allegation of rape or physical relation against the applicant. The victim in her statement has stated that the applicant tried to outrage her modesty when she was sleeping with her family members. As per the school marksheet, the victim is major. Statements recorded under Section 161 Cr.P.C. and 164 Cr.P.C. and the medical report are not disclosing any offence under Section 376 I.P.C. He next submitted that when the first informant aware of the fact that the victim is in love affair with the applicant, the present F.I.R. was lodged. 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 14.8.2020, having no criminal history to his credit, deserves to be released on bail.
