Learned counsel for the applicant submits that according to F.I.R. on 27.08.2019, Naresh Panchal, Mithun Balmiki, Mahesh Panchal and Sachin Balmiki molested the daughter of the informant. In statement under Section 161 Cr.P.C., the victim has denied the F.I.R. version while in statement under Section 164 Cr.P.C., she has stated that by saying that her father has met an accident applicant and co-accused took away her, she lost her senses after hearing the information that her father has met an accident, thereafter, they took away her in a house where no one was present and committed misdeed with her. In statement under Section 164 Cr.P.C., she has mostly reiterated the statement under Section 161 Cr.P.C. and also stated that after an hour when she gained consciousness she felt pain in her private part and oozing blood, she believed that applicant and coaccused committed rape upon her. He further submits that before the trial court she has stated that applicant and coaccused did not commit rape upon her. The applicant has not committed the alleged offence. He has been falsely implicated in the present case. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that there is no previous criminal history of the applicant and is languishing in jail since 05.09.2019.
