Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. As per as F.I.R. version, the incident took place on 2.10.2019 at 23:00 hrs. and F.I.R. has been registered after three days on 5.10.2019 and reason for delay has not been explained. As per as high school certificate, the victim is major. In the statements recorded under Section 161 Cr.P.C. and 164 Cr.P.C., the victim has stated that she on her own accord went along with applicant and while going Delhi stayed throughout the night at Kanpur Railway Station and lived in Delhi with the applicant, but she did not raise any alarm regarding forceful abduction to anyone. Statements under Section 161 Cr.P.C. and 164 Cr.P.C. are contradictory and not supporting to each other as alleged in the F.I.R. As per the medical report, there is no mark of injury or forceful sexual assault. He next submitted that the applicant and the victim love each other and parents of the victim are not happy with their friendship and only to harass the applicant in retaliation the present F.I.R. has been lodged 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 6.12.2019, having no criminal history to his credit, deserves to be released on bail.
