ORDER

This is first bail application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of regular bail relating to FIR/Crime No.959/2023 dated 01.11.2023 registered at Police Station Kotwali, District Panna for the offences under Sections 457, 376, 376 (2) (h), 376 (2) (Ch) & 506 of IPC.

2. Counsel for the applicant submits that in the present case, in connection with an incident dated 20.20.2023, the first information report has been lodged on 1.11.2023. It is contended by the counsel that if the F.I.R is subjected to scrutiny the same would reveal that a false and fabricated case has been registered against the applicant. It is also contended by the counsel that the D.N.A report is also of no substance inasmuch as the clothing which were worn by the victim at the time of incident was subsequently changed and washed. Therefore, the D.N.A report is of no value. It is also contended by the counsel that as per the allegations leveled by the prosecution it is a case of consent apparently. It is also not in dispute that the prosecutrix is major and they are relative, therefore, submits that the applicant who is in custody since 1.12.2023 be e