After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial and also in the absence of any convincing material to indicate the possibility of tampering with the evidence and considering the fact that there is vast contradiction in the statement of the victim recorded under Section 161 and 164 Cr.P.C., even in the majeed (supplementary) statement and the medical report does not support the allegation of rape, as the doctor has given his opinion that no recent forceful penetrating injury found. No physical sign of violence seen. There are no sign of use of force and from perusal of the statement of the victim recorded under Sections 161 and 164 Cr.P.C. the parties appears to be consenting parties and further considering the larger mandate of the Article 21 of the Constitution of India and the law laid down by the Hon'ble Apex Court in the case of Dataram Singh vs. State of UP and another, reported in (2018) 3 SCC 22, this Court is of the view that the applicant may be enlarged on bail.
