nature and gravity of offence, evidence, complicity of the accused, accusation made and coupled with the fact that the F.I.R. giving rise to the present criminal proceedings was lodged by the prosecutrix herself, however, in the F.I.R. there is no allegation that the modesty of the prosecutrix was dislodged by named accused/applicant by committing deliberate or forceful sexual assault, the prosecutrix in her statements under Section 161/164 Cr. P. C. has departed from the basic prosecution case unfolded in the F.I.R., consequently, the statements of the prosecutrix referred to above suffer from vice of embellishment and exaggeration, which remains unexplained upto this stage, the clean antecedents of the applicant, the period of incarceration undergone, the 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 stands crystallized, no such circumstance could be pointed out by the learned A.G.A. and the learned counsel for first informant necessitating the custodial arrest of applicant during the pendency of trial, therefore, irrespective of the submissions urged by the learned A.G.A. and the learned counsel for first informant in opposition to present application for bail, but without making any comments on the merits of the case, the applicant has made out a case for bail.
