It is submitted that in this case applicant has been falsely implicated with allegation that he enticed away the daughter of the informant and committed rape with her. Further submitted that victim was major at the time of alleged incident and she was in love affair with this applicant for a period of one year and she wanted to marry with him. For that purpose, she went with Deepak & Sanju by train to Lucknow where this applicant met her, thereafter, those persons returned. She came to Barabanki with this applicant where she stayed at Dargah on 13.12.2021 and physical relation was also established with her. Even in her statement recorded u/s 164 Cr.P.C., the victim has made similar statement before the Magistrate but when she came to know about the fact that applicant belonged to Muslim community she decided not to marry with him. It is further submitted that age of the victim was found 18 years during medical examination which shows that she was major an consenting party, therefore no offence is made out against this applicant. There is no criminal antecedent against the applicant and he is in jail since 15.12.2021, therefore, requested for bail. In case he is released on bail, he will not misuse the liberty of bail and will co-operate in trial.
