Code of Criminal Procedure, 1973–Sec. 439–Penal Code, 1860–Secs. 376, 354, 328 & 120-B–Grant of bail with the observation that the FIR was delayed for five days–High Court failed to appreciate the allegation in FIR that the victim tried to lodge the FIR but no complaint was taken–Aspect of delay is to be considered at the time of the trial–Seriousness of allegation and gravity of offence was not considered–Accused has been charge-sheeted–Part of charge-sheet was required to be considered by the High Court–Impugned order quashed and set aside and matter remanded back for deciding the bail application afresh.
