Divyanshi Aka Jiya who alleged to be main cause behind the offence has also been examined and a perusal of statement of the said witness reflecting that no incriminating evidence has been recorded against the petitioner. Now, the case of the prosecution rests upon few circumstances however at present the submission at the behest of the petitioner cannot be ignored that the circumstances put forth are neither definite in tendency nor conclusive in nature and if taken together, the same do not unerringly pointing towards the guilt of the accused. Although, this Court would desist itself from making any final observation in this regard but upon consideration of the submission, the material placed on record during trial as well as upon consideration of the fact that an accused of a case cannot be detained in jail for an indefinite period and opportunity to the prosecution to prove the case can only be given for a reasonable period and the fact that the co-accused namely Arjun, Balveer have been released by a Coordinate Bench of this Court and there is high probability that the trial may take long time to conclude thus keeping the petitioner behind the bar for indefinite period would not be justifiable, therefore, it is deemed suitable to grant the benefit of bail to the petitioner in the present matter.
