(1.) Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. and perused the record.
(2.) The present bail application has been filed by the applicant seeking bail in Case Crime No. 633 of 2023 , under Ss. 363, 366 IPC, Police Station- Gandhi Park , District - Aligarh.
(3.) Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present crime. It is submitted that there was inordinate delay in lodging the FIR, which had not been explained; the applicant and victim both are not apprehended together and victim herself contacted the police and file notory stating therein that due to some altercation between the victim and her family she left her house and gone to Delhi alone; according to medical report age of the victim is between 17 to 18 years; the applicant has neither enticed the victim nor eloped her at any point of time in fact the victim is consenting party and she herself left her parent's house and in the light of above, no offense is made out against the applicant; the applicant has no previous criminal history. It is also submitted that there is no apprehension that after being released on bail, applicant may flee from the course of law or may, otherwise, misuse the liberty of bail and the applicant is in jail since 21/12/2023 and the possibility of conclusion of trial in near future is very bleak.