Having considered the rival submissions made by learned counsel for both the parties and on perusal of the record, it is evident that even according to the prosecution own case, the victim is a major lady aged about 22 years and was in physical relationship with the applicant out of her own free-will and consent. The incident is said to have been taken place on 7.11.2021, however the first informant report has been lodged on 12.7.2022 after about eight months of the incident. As per the statement of the victim shown to be recorded under Section 161 and 164 Cr.P.C., she was married with one Prakash Chandra and subsequent to the marriage, she was in relation with the applicant, for which no grievance was ever raised. Even in her statement shown to be recorded under Section 161 Cr.P.C., she has admitted relationship with the applicant. Even during the course of investigation, no objectionable photographs or video as alleged by the victim has been recovered by the police. The victim is mature enough to understand the consequence of her act. Furthermore, the applicant is in jail since 21.9.2022 and has no criminal history to his credit and there is no chance of applicant fleeing away from the judicial process or tampering the evidence. The charge sheet has already been submitted. In the backdrop of the aforesaid facts and circumstances, prima facie a case for bail is made out.
