However, merely because of this the bail cannot be denied to the Accused, if he is found otherwise entitled to get the bail in the totality of the facts and circumstances obtained on record. The victim has stated consistently in her statement that, she had love affair with the Accused No.1. It is seen from the perusal of the statement that, her uncle had questioned her when she was found talking with unknown persons on the mobile phone. It is seen that, even the uncle had snatched her mobile phone for the purpose of inquiry. She has stated that, in these circumstances she went to the Accused and narrated this episode to him. As far as the 164 Cr.P.C. statement recorded before the learned Magistrate is concerned, she has not stated about the penetrative sexual assault. It is seen that, in the medical examination report of the victim there were no injuries. In my view, these facts and circumstances need to be borne in mind at this stage. I am conscious of the fact that, the merits of the matter and credibility of the evidence cannot be gone into at this stage. The issue of the merits and credibility would be required to be dealt with after a full-fledged trial. In my view, in the facts and circumstances and
