VINOD GOEL, J.

1. The petitioner seeks his release on bail under Section 439 of the Code of Criminal Procedure, 1973 (in short ‘Cr.PC’) in a case registered against him and Tawab Ahmad @ Saleem vide FIR No.0012/2017 dated 12.01.2017, Police Station Safdarjung Enclave, South District, Delhi, under Sections 376/34 of Indian Penal Code, 1860 (in short ‘IPC’) on the complaint of prosecutrix “M”.

2. Learned counsel for the petitioner submitted that as per the report of the FSL, semen found on the undergarment of the prosecutrix does not match with the blood of the petitioner and co-accused. He submitted that the statement of the prosecutrix has not been consistent and does not inspire confidence. He submitted that the prosecutrix had willfully joined the bonfire party where admittedly the petitioner was present.

3. He submitted that the petitioner even did not touch the prosecutrix and the entire story against the petitioner is false and baseless. He submitted that the petitioner was in close company of his fiancée Ms.Poorvi Singh from previous night till 8:30 AM on 12th January, 2017 and therefore, there was no occasion for the petitioner of raping or even attempting to rape the