accusations made, complicity of accused, nature and gravity of offence and coupled with the fact that named/charge sheeted coaccused Mangal Bind has already been enlarged on bail, the learned A.G.A. could not point out any such circumstance from the record distinguishing the case of present applicant from aforementioned bailed out co-accused so as to deny him bail, the police report in terms of Section 173(2) Cr.P.C. has already been submitted, therefore the entire evidence sought to be relied upon by the prosecution against the applicant stands crystallized, yet in spite of above the learned A.G.A. could not point out any such circumstance from the record necessitating the custodial arrest of the applicant during the pendency of trial, as per the medical opinion the prosecutrix is major as she is said to be aged about 18 years, prima facie the provisions of the POCSO Act are not attracted, the explained criminal history of the applicant, the periods of incarceration undergone, therefore irrespective of the objections raised by the learned A.G.A. in opposition to the present application for bail, but without making any comments on the merits of the case the applicant has made out a case for bail.
