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 that prosecutrix in her statement under section 161/164 Cr.P.C. has categorically stated that she has solemnized marriage with the applicant, on account of above, the parties came into cohabitation and started living as husband and wife, the prosecutrix has now come in family way, as per medical opinion, the age of the fetus is six weeks and two days, the affidavit in support of the present application for bail has been sworn by the prosecutrix herself, the prosecutrix is living in the house of applicant as legally wedded wife, the period of incarceration undergone, the clean antecedents of applicants, police report in terms of Section 173 (2) Cr.P.C. has already been submitted against applicants, as such, the entire evidence sought to be relied upon by prosecution against applicants stands crystalized, yet inspite of above, learned A.G.A. could not point out any such circumstance from record necessitating the custodial arrest of applicants during pendency of trial, 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, applicant has made out a case for bail.
