accused-appellant has been falsely implicated in the present case. Submission is that after 20 days from the date of incident, the victim was recovered but she was not recovered from the possession of the appellant. In the statement of the victim recorded under Section 161 Cr.P.C., she has stated that on the date of incident her father in the drunken stage quarreled with her mother and committed maar-peet with her and being aggrieved by the same, she had gone to her Mausi . When she was recovered, her statement under Section 164 Cr.P.C. was recorded, in which she has stated that when she was going with her friends to Bharthana Chauraha, on the way, the accused met and forcibly took her on his motorcycle. Thereafter, she became unconscious and when she become conscious, she found herself in Shikohabad. She told everything to her mother and she took her to her house. Submission is that nothing serious has come in the statement of the victim against the appellant. There s no allegation of any sexual abuse by him and there is contradiction between her statements recorded under Sections 161 and 164 Cr.P.C. No medical examination has been conducted nor any inclination has been made from the side of informant for such medical examination. The learned Special Judge did not consider all these material aspects. The submission of the learned counsel for the appellant is that the accused-appellant has no criminal history and the court below has illegally rejected the bail application of the appellant. Hence, the impugned order is liable to be set aside and the accusedappellant is entitled to be enlarged on bail.
