Having considered the rival submissions made by learned counsel for both the parties and on perusal of record, it is evident that though the F.I.R. has been lodged by the victim herself, however, subsequently during course of trial she has completely resiled from her earlier statement and has categorically stated in her examination in chief that the applicant has neither called her to join her service nor ever committed rape on her. She has further categorically stated that the statement shown to be recorded under section 164 Cr.P.C. was given under the pressure of police and her husband and the said statement was not given out of her own free will. Even in the cross examination she has completely denied the prosecution story of commission of offence of rape by the applicant and has categorically stated that the applicant has neither called her nor committed rape on her. She has further stated that her statement under section 164 Cr.P.C. was recorded under the pressure of police and her husband and was not voluntarily out of her own free will, she has even denied to have given any statement to the police shown to be recorded under section 161 Cr.P.C. The applicant is in jail since 25.1.2022 and has been continuously cooperating in the process of trial and there is no chance of applicant fleeing away from the judicial process or tampering the evidence as the statement of the victim has already been recorded and has not supported the prosecution story and has been declared completely hostile. In the backdrop of the said facts and circumstances, I am of the view that prima facie a case for bail is made out.
