such, there is delay in lodging the F.I.R, however, the same has not been explained in the F.I.R. or in the statement of the prosecutrix recorded under section 161 Cr.P.C. as such the prosecution of the applicant it self cannot be maintained, the judgement of the Supreme Court in P. Rajagopal(Supra) , the prosecutrix is major, prima facie she is a willing and consenting party as is evident from the Chalan report (Annexure-5). 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 applicant stands crystalized, yet inspite of above the learned A.G.A. could not point out any such circumstance from the record necessitating the custodial arrest of applicant during the pendency of trial, the clean antecedents of applicant, period of incarceration undergone, therefore, irrespective of the objections raised by the learned A.G.A. in opposition to the present application for bail, the clean antecedents of applicant, the period of incarceration undergone but without making any comment on the merits of the case, applicant has made out a case for bail. Accordingly, the bail application is Allowed.
