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 the prosecutrix in her statement under section 164 Cr.P.C. has not supported the F.I.R. from the relationship of the applicant and the prosecutrix, a baby girl was born five months ago, no F.I.R. was lodged by the prosecutrix or the parents of the prosecutrix, prosecutrix is major, as per school certificate, the date of birth of the prosecutrix is 8.7.2004, the FI.R. was lodged on 22.3.2023, as such, prosecutrix was aged about more than 18 years, the clean antecedents of applicant, period of incarceration undergone, police report in terms of Section 173 (2) Cr.P.C. has already been submitted against applicant, as such, the entire evidence sought to be relied upon by prosecution against applicants stands crystalized, inspite of above, learned A.G.A. could not point out any such circumstance from the record necessitating custodial arrest of applicant, therefore irrespective of the objection raised by the learned A.G.A. in opposition to the present application for bail, but without making any comment on the merits of the case, the applicant has made out a case for bail. Accordingly the bail application is allowed.
