ORDER

This is the first bail application under Section 439 of the Code of Criminal Procedure, 1973 filed on behalf of the applicant for grant of bail. The applicant is in custody since 09/06/2021 in connection with Crime No.194/2021 registered at Police Station – Namli, District Ratlam (M.P.) for commission of offence punishable under Section 363, 366, 305, 376(2)(N) and 376 of the Indian Penal Code, 1860 read with Section 5(J-II)/6 and 5(L)/6 of the Protection of Children from Sexual Offences Act, 2012.

As per prosecution story, on 06/06/2021 complainant Kanhaiyalal launched a Dehati Nalshi by stating that his minor sister / prosecutrix has found dead in a well. During the merg intimation, it has been gathered that on the pretext of marriage, present applicant established physical relationship with the minor prosecutrix and committed rape upon her. Later on he refused to marry her, due to which she committed suicide by jumping into the well. In the postmortem it is found that the prosecutrix was pregnant also. Accordingly, offence has been registered against the applicant.

Learned counsel for the applicant submits that the applicant is an innocent person and he has been falsely implicated in this offence. He is in custody since 09/06/2021. Investigation is complete and charge sheet has been filed. Prosecutrix's mother and brothers have been examined before the trial Court and these witnesses have turned hostile and they have categorically stated that the deceased accidentally fell down into the well and present applicant has never committed rape upon the minor prosecutrix.

Applicant is the permanent resident of Ratlam district and final conclusion of the trial is likely to take sufficient long time. Under the above circumstances, prayer for grant of bail may be considered on such terms and conditions, as this Court deems fit and proper.

Per contra, learned counsel for the respondent / State opposes the bail application and prays for its rejection.

Perused the impugned order of the trial Court as well as the case diary.

After considering all the facts and circumstances of the case, nature and gravity of offence, arguments advanced by the learned counsel for the applicant and also taking note of the fact that Kalabai (PW-1), who is the mother and Kanhaiyalal (PW-2) and Arjun (PW-3), who are the brothers of the prosecutrix have been examined before the trial Court and all these three material witnesses have turned hostile. They have categorically denied the prosecution story and stated that the present applicant did not establish physical relationship or committed rape upon the prosecutrix. DNA Profiling has also been conducted in the matter, but the same is not supporting the prosecution story and as per the DNA report fetus of the prosecutrix is not matched with the DNA of the present applicant and final conclusion of the trial will take sufficient long time. In view of the evidence available on record, I deem it proper to release the applicant on bail. Therefore, without commenting on the merits of the case, the application is allowed.

It is directed that applicant be released on bail on his furnishing personal bond in the sum of Rs.75,000/- (Rupees Seventy Five Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court, as and when required. He shall abide by all the conditions enumerated under Section 437(3) Cr.P.C.

Certified copy as per rules.

(ANIL VERMA) J U D G E Tej