Having heard the learned counsel for applicant, the learned A.G.A. for State, upon perusal of material brought on record, evidence, nature and gravity of offence as well as complicity of applicant, accusation made coupled with the fact that though the F.I.R. was lodged against applicant under sections 376, 506 and 313 IPC but during course of investigation, the offence under section 313 IPC was not found established against applicant, thus applicant has been charge sheeted under sections 376 and 506 IPC only, police report in terms of Section 173(2) Cr.P.C. having been submitted, therefore, the entire evidence sought to be relied upon by the prosecution against applicant now stands crystalized, no such circumstance could be pointed out by the learned A.G.A. necessitating the custodial arrest of applicant during the course of trial, the judgement of the Apex Court in Sumit Subhaschandra Gangwal (Supra), the parties were live in relationship, the F.I.R. does not disclose the time and period of occurrence, as such same is highly belated, no explanation has been offered by the first informant/prosecutrix regarding the delay in lodging the F.I.R, the judgement of Mahadar Deepak Pawar (Supra), the clean antecedents of applicant, the period of incarceration undergone, but without making any comment on the merits of the case, applicant has made out a case for bail.
