The court has the discretion to grant bail, considering the facts and circumstances of the case, even in serious offenses, if the evidence does not strongly support the prosecution's case.

ORDER

This is first application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail relating to FIR No.296/2023 dated 4.9.2023 registered at Police Station- Sohagi District- Rewa (M.P.) for commission of offence under Sections 376, 376D, 354, 354(A),34 of IPC, Section 3/4, 5G/6, 7/8 and 11(i)/12 of Protection of Children from Sexual Offences Act, 2012 and under Section 3(2)(v), 3(2)(va), 3(1)(w)(i) of SC/ST (Prevention of Atrocities) Act.. Applicant is in detention since 3.11.2023. 2. As per the prosecution story, on 3.9.2023, 16 years old prosecutrix lodged an FIR stating that her father works as mason and she works as a labour at site of Ravendra Patel @ Bablu. On 1.9.2023, work at site was halted at 6.30 P.M. Rajendra Patel had given her Rs.350/- as wages. When she was purchasing vegetable, Atul Patel riding on a motorcycle came, she asked him to drop her home, Atul agreed to drop her at home but instead of dropping her home, he took her at construction site. Ravindra Patel was already there. At around 7 P.M. they told her to put iron pans (Taslas) inside the room. When she went inside the room to place the Taslas Ravindra Patel with a bad intention touched her breast and took off her cloth. She told that she will make a complaint against him. He left her and proceeded out of the room but asked Atul to do bad work with her. Thereafter, Atul committed rape/ aggravated penetrative sexual assault upon her. Later Ravendra Patel dropped her at her home. She narrated entire incident to her parents and on the basis of complaint filed by her, FIR was registered. After investigation charge sheet was filed. 3 . Learned counsel for the applicant has submitted that applicant has not committed any offence. He is innocent. He has been falsely implicated due to village rivalry. It is further submitted that prosecutrix and her parents have already been examined before the trial Court. Parents have not supported the prosecution story and have admitted that report has been lodged due to village rivalry. Therefore, it is prayed that the applicant may be released on bail pending the trial.

4 . O n the other hand, learned counsel for the State has opposed the prayer for grant of bail to the applicant but has fairly admitted that DNA report has been received and it is negative as no Y-Chromosome STR DNA profile found on the vaginal slide of the victim .

5. In this case, prosecutrix and her parents have already been examined before the trial Court. Now there is no possibility of influencing of the prosecution witnesses and tempering with the prosecution evidence. DNA report has been received and as per DNA report, no Y-Chromosome STR DNA profile found on the vaginal slide of the victim. Therefore, having taken into consideration all the facts and circumstances of the case including the submissions put forth by learned counsel for the applicant, but without expressing any opinion on the merit of the case, I am of the view that it is a case in which further pre-trial detention of the applicant is not warranted.

Consequently, this bail application under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicant, stands allowed.

6. It is directed that applicant - Atul Singh Patel be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, for his regular appearance before the trial Court during trial with a condition that he shall remain present before the concerned Court on all the dates fixed by it during trial. He shall abide by all the conditions enumerated under Section 437(3) of Cr.P.C. 7. This order shall be effective till the end of the trial. However, in case o f bail jump and breach of any of the conditions of bail, it shall become ineffective.

Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE mrs. mis