With reference to the recital contained in the aforementioned orders, the learned counsel for applicant contends that a complaint dated 29.01.2003 was lodged by the husband of the prosecutrix under Sections 452, 354, 323, 504, 506 IPC. Subsequently, the case was given a new turn by alleging that modesty of the prosecutrix was dislodged. However, Investigating OfÏcer upon material collected by him during course of investigation submitted the charge-sheet dated 07.06.2005, whereby named accused were charge-sheeted under Sections 323, 504, 506 IPC. It appears that subsequently the matter was canvassed by the prosecutrix before the State Human Rights Commission wherein now it has been alleged that her modesty was dislodged. Accordingly, a complaint was made to the State Human Rights Commission. Upon the direction issued by the Commission, the first information report giving rise to the present criminal proceeding came to be lodged. As per the first information report, the occurrence is alleged to have occurred on 13.01.2003 whereas the first information report was lodged on 15.05.2005. As such, the FIR is highly belated. Referring to the judgement of the Apex Court in P. Rajagopal Vs. The State of Tamil Nadu AIR 2019 SC 2866 (paragraph 8) , the learned counsel for applicant contends that since there is delay in lodging the FIR and the delay in lodging the FIR has not been explained therefore, the prosecution of the applicant itself cannot be maintained. It is then contended that co-accused who have been assigned similar role in the FIR have already been granted the benefit of Anticipatory Bail. There is no such distinguishing feature on the basis of which the case of present applicant could be so distinguished from aforementioned co-accused who have already been granted the benefit of Anticipatory Bail so as to deny him bail. He, therefore, contends that in view of above and for the facts and reasons recorded in the Anticipatory Bail orders of aforementioned co-accused, applicant is also liable to be enlarged on bail on the ground of parity.
