It is contended by the learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. The victim is major. As per first information report, the age of victim as mentioned to be 19 years, while as per medical examination her age as mentioned to be 22 years. In her statement under section 161 Cr. P.C. victim has stated that she was in love with the applicant, they made physical relation with each other. Victim refused to undergo for medical examination at the first occasion. Thereafter on the second occasion her medical examination was conducted. Before medical officer victim stated that she want to live with the applicant and she has made physical relation with him earlier and no forceful act has been committed by the applicant against her. No injury was found on her body in the medical examination. But in her statement under section 164 Cr. P.C. she has made specific allegation against the applicant along with two other accused. The bail application of Kishan and Devesh against whom allegation of rape are made, have already been granted. Victim was consenting party. It is further submitted that applicant is languishing in jail since 31.03.2022 having no criminal history and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
