the applicant, consequently, on account of above, parties came into cohabitation and started living together has husband and wife, as such, no offence under Section 376 IPC and Sections 3/4 POCSO Act can be said to have been committed by the applicant as there was no deliberate or forceful sexual assault without the consent of the prosecutrix, though the prosecutrix was below 18 years of age on the date of her marriage with the applicant but simply on that ground marriage of the prosecutrix with the applicant shall not be void but voidable at the instance of the prosecutrix alone by virtue of the provisions contained in Section 11(2) of the Hindu Marriage Act, however, up to this stage, no proceedings have been initiated by the prosecutrix for declaration of her marriage with the applicant as void, the clean antecedents of applicant, the period of incarceration undergone, the police report in terms of Section 173(2) Cr.P.C. has already been submitted, therefore, the entire evidence sought to be relied upon by the prosecution against applicant stands crystallized, yet in spite of above, the learned A.G.A. and the learned counsel representing first informant could not point out any such circumstance from the record necessitating the custodial arrest of applicant during the pendency of trial, therefore, irrespective of the objections raised by the learned A.G.A. and the learned counsel representing first informant in opposition to the present application for bail, but without making any comments on the merits of the case, applicant has made out a case for bail.
