The absence of Y-Chromosome in the DNA report undermines the prosecution's case, justifying the grant of bail.

This third bail application under Section 439 of the Code of Criminal Procedure has been filed by the applicant for grant of regular bail in relation to FIR No. 654/2022 dated 30.09.2022, registered at Police Station Kotwali Panna, District Panna (M.P.) for commission of offence under Section 376(D) of IPC and Section 66(E) of I.T. Act. Applicant is in detention since 30.09.2022.

2. Applicant's first bail application was dismissed on merit vide order dated 21.02.2023 passed in M.Cr.C. No.3758/2023. His second bail application was dismissed as withdrawn and not pressed vide order dated 17.07.2023 passed in M.Cr.C. No.29171/2023. 3. As per prosecution story on 29.09.2022, 20 years old prosecutrix filed an application in writing before S.H.O. Kotwali District Panna alleging that three years ago, she was student of B.Sc in Chhatrasal Science College, Panna. Due to lock-down and Covid Pandemic classes were not being regularly conducted.

She use to come Panna for taking examination. Since July, 2022, she was living in a rented house at Indrapuri Colony, Panna. She use to come to her college by auto. Name of auto driver was Ghanshyam Rajak. Ghanshyam Rajak had taken her mobile number. He use to make calls to her telling that he loves her. After sometime, she stopped attending Ghanshyam Rajak's calls. Ghanshyam Rajak shared her mobile number with his friends Naveen Balmik and Maan Ali.

Thereafter they both regularly made calls to her and also pressurized to make physical relations with them. On 28.09.2022 at around 11 A.M. Maan Ali and Naveen Balmik made a call stating that they are reaching near Sahu Aata Chakki in the auto of Maan Ali and from there they would go to visit some places. She seated in the auto alongwith them. Auto was being driven by Naveen Balmik. They took her in the forest of Dehlan Chowki. In the forest, Maan Ali and Naveen Balmik committed rape upon her. Thereafter, they brought her back and at around 1.30 P.M. dropped her near her rented room. Same day at around 5.00 P.M., Maan Ali again made a call and pressurized her to go with him, when she refused his demand, after sometime Ghanshyam Rajak made a call and asked her to go alongwith him at Kishoriji Temple. In the meantime, she heard the voice of Maan Ali stating that they have prepared her rape video and they will make the same viral. Having no option, she went near Satna barrier where Maan Ali and Ghanshyam Rajak were standing on a motorcycle.

They again took her in the forest where Maan Ali again attempted to commit rape upon her but she did not allow him thereafter Ghanshyam Rajak forcibly committed rape upon her and dropped her near Sahu Aata Chakki. In the night too, they repeatedly made calls but she did not attend their calls. Thereafter, she narrated the story to her sister Shilpi and 1-2 other persons. F.I.R. was registered. After investigation charge sheet has been filed.

4. Learned counsel for the applicant has submitted that applicant has not committed any offence. He is innocent. He has been falsely implicated. It is submitted that when first bail application was dismissed on merit, DNA report was not available. Now DNA report has been received and in the DNA report, no Y-Chromosome has been found on the vaginal swab of the prosecutrix which shows that entire story was concocted and fabricated. He is in jail for the last more than one year and seven months. Prosecutrix and other witnesses have already been examined before the trial Court. Therefore, it is prayed that applicant may be released on bail.

5. On the other hand, learned counsel for the respondent/State has opposed grant of bail.

6. DNA report has been received and from perusal of the DNA report, it is apparent that no Y-Chromosome STR DNA profile was found on the vaginal swab slide and other material collected from the prosecutrix. Prosecutrix and other witnesses have already been examined before the trial Court. Now there is no possibility of influencing of the prosecution witnesses and