Having considered the rival submissions made by learned counsel for both the parties and on perusal of the record, it is evident that as per the allegation made in the first information report, it is alleged that on 5.6.2022, the applicant has enticed away the victim, who is not traceable. During the course of investigation, the statement of the victim has been recorded under Section 161 Cr.P.C., in which, she has categorically stated that she is 20 years of age and had fallen in love with the applicant and on 5.6.2021 when all the family members were sleeping, she called applicant- Prabhat at 1 a.m. in the night and had gone to Varanasi and from there by boarding a train reached Gujarat and from there further went to Mumbai and stayed for a week in a rented room. She has further stated that she had gone out of her own free-will and volition. In the statement of the victim recorded under Section 164 Cr.P.C., she further reiterated that she out of her own free-will and volition, had left her house with the applicant at about 1 a.m. in the night and thereafter had gone to Varanasi and thereafter visited several places including Gujarat and Mumbai and stayed with him and already married him, however in the first information report, there is no allegation that the applicant committed rape on her. Even in the statement of the victim shown to be recorded under Section 164 Cr.P.C., there is no allegation of committing rape on her. As per the medical report, the victim is above 18 years of age. From the overall conduct of the victim, it is evident that she is a matured girl and competent enough to understand the consequence of her act. Furthermore, the applicant is in jail since 20.6.2022 and has no criminal history to his credit. Charge sheet has been submitted and there is no chance of applicant fleeing away from the judicial process or tampering
