Learned counsel for the applicant in support of his application for bail submits that the applicant is innocent. He has been falsely implicated. It is further submitted that initially the FIR was got registered by Rambabu Yadav u/s 363, 366, 120-B IPC on 09.08.2020 for the incident said to have taken place on 04.08.2020 but after investigation, the police has added section 376 IPC and section 5/6 POCSO Act in the array of the sections. There are five named accused persons including the applicant. The text of the FIR indicates that the applicant has entices away informant's minor daughter to some unknown destination. The girl has came back on 01.09.2020, on this it was contended by learned counsel for the applicant that she remained in the company of the applicant almost one good month without any resistance or objection. During investigation, the police has recovered the high school certificate of the victim which shows that the date of the birth of the victim is 16.05.2003, as such on the date of incident she was 17 years, 3 months and 12 days whereas, the medical report indicates that she was in between 16-18 years. It is further submitted that in the statement of the victim recorded u/s 164 Cr.P.C. she submits that she is carrying the pregnancy of five and half months which means that prior to the incident both of them are in relationship. The learned counsel for the applicant has drawn the attention of the Court towards the statement of the victim recorded u/s 161 Cr.P.C. in which there is no whisper with regard to the sexual assault upon her and thus, it was prayed by the learned counsel for the applicant that the applicant deserves to be released on bail. It is lastly been submitted that the applicant is in jail since 01.09.2020 having no criminal antecedents except the present one.
