Need your expert opinion on 376 2n case
The bail order has the following
Herein this case,
The applicant has placed on record one chat in between them
wherein, the informant texted a message that she is not going to
marry him but she will see him
both are major by age and have voluntarily chosen to enter into
sexual relationship even they stayed together at respective places
as a spouse. The investigation of this crime is over and
chargesheet is filed. In the light of foregoing, prima facie it
appears to be consensual relations then in that eventuality, the
offence at this stage against the applicant is not made out. The
application for prearrest bail is maintainable. Physical custody of
the applicant with the investigating agency is unwarranted since
investigation is set at rest also, the offence is not made out.
Should we go for quashing or discharge. What is your opinion