ORDER

This is third application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail relating to FIR No.135/2021, dated 24.6.2021, registered at Police Station-University, District-Rewa (M.P.) for commission of offence punishable under Sections 363/34, 366, 201, 109, 376(2)(N) of IPC and Section 3/4 of the Protection of Children from Sexual Offences Act, 2012.

Applicant is in detention since 6.8.2022. 2. Applicant's earlier bail applications were dismissed as withdrawn vide order dated 5.1.2023 passed in M.Cr.C. No.55663 of 2022 and order dated 11.5.2023 passed in M.Cr.C. No.18878 of 2023 with liberty to revive the prayer for grant of bail after recording of prosecutrix's evidence before the trial Court.

3. As per the prosecution story, on 24.6.2021, father of 17 year old prosecutrix lodged an FIR about missing of his daughter who had left home on 20.6.2021 without any information. F.I.R. was registered. Almost after one and half months of the incident, prosecutrix was recovered.

4 . Learned counsel for the applicant has submitted that applicant has not committed any offence. He is innocent. He has been falsely implicated due rivalry in village. Prosecutrix was neither taken away by him nor he had committed any rape/ aggravated sexual assault. It is further submitted that prosecutrix has already been examined before the trial Court. She has not supported the prosecution story. Therefore, it is prayed that the applicant may be released on bail pending the trial.

5 . 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 the fact that the DNA report has been received and it is uninterpretable as blood sample of accused could not be matched with the DNA profile of fetus.

6 . In this case prosecutrix has already been examined. She has not supported the prosecution story. DNA report is also inconclusive. Therefore, having taken into consideration all the facts and circumstances of the case including the fact that trial of the case will take considerable time, but without expressing anything on the merits 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. 7. It is directed that applicant - Rakesh Sen @ Guddu 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. 8. 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. mishra