case of the prosecution that the F.I.R. was lodged by the father of the prosecutrix upon disclosure made by the prosecutrix herself. The same remains as unexplained circumstance. Learned counsel for applicant lastly submits that present case is case of false and malicious prosecution. All the family member of the applicant have been implicated in the crime in question. With reference to the material on record, he submits that cross cases were lodged against each other. After the applicant and others were enlarged on bail by court below the present F.I.R. has been engineered only to overcome the effect of the bail granted in favour of the co-accused in the previous case. It is thus urged that since present case is a case of false and malicious prosecution, applicant is liable to be enlarged on bail. Even otherwise applicant is a man of clean antecedents inasmuch as he has no criminal history to his credit except the present one. Applicant is in jail since 19.7.2023. As such has has undergone more than two months of incarceration. 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. However up to this stage, no such circumstance has emerged necessitating the custodial arrest of applicant during pendency of trial. He, therefore, submits that applicant is liable to be enlarged on bail. In case, the applicant is enlarged on bail, he shall not misuse the liberty of bail and shall cooperate with the trial.
