Bail can be granted if detention lacks sufficient evidence and no risk of evidence tampering exists.

483 of Bharatiya Nagarik Suraksha Sanhita 2023 for grant of regular bail in connection with Crime No. 98 of 2025 registered at Police Station- Nalkheda District- Agar Malwa(M.P.) for offence punishable under Sections 74 , 75, 76, 115(2), 351(3), 329(4), 64(1), 332(b), 309(6), 238(b)of the BNS, 2023. Applicant is in judicial custody since 23/04/2025. First bail application was dismissed as withdrawn vide order dated 9.7.2025 passed in MCRC No.

28247/2025.

2. Heard the arguments.

3. Perused the grounds for grant of bail stated in the application, case diary and the relevant material on record.

4. Learned counsel for the applicant in addition to the grounds mentioned in the application submits that the applicant is falsely implicated Signature Not Verified Signed by: BHUNESHWAR in the alleged offence under the pressure of family members of the victim. The delay of 29:00 hours in lodging the FIR substantiates the defence that false allegations of rape are levelled after premeditation and consultation. Learned counsel referring to the FIR submits that initially, there was no allegation of rape against the applicant, later, the allegation of rape and snatching of Mangalsootra was added to enhance the gravity of alleged offence. Learned counsel submits that it is a case of consensual relationship. The brother-in-law of the victim had seen them, thereafter, husband of the victim assaulted her and sent her to her parental home. Next day, under the pressure of family members, victim has levelled false allegation of rape against the applicant. The trial is underway. Victim (PW-1) has been examined before the trial court. Her cross-examination reveals that defence is not baseless. The medical examination report and DNA report do not substantiate the allegation of sexual assault. The trial would take time to conclude. There is no likelihood of tampering with remaining evidence by the applicant. Jail incarceration is causing hardship to the applicant and the dependent family. Applicant is ready to cooperate in the trial.

5. Per contra, learned counsel for the State opposes the application on the ground of gravity of alleged offence. However, after going through the case diary, he fairly states that no criminal antecedent is reported against the applicant.

6. According to the material available on case diary, the prosecutrix /

complainant, aged around 20 years reported to SHO of the Police Station- Nalkheda on 19.04.2025 at 18:00 hours that on previous day i.e. 18.4.2025 Signature Not Verified Signed by: BHUNESHWAR around 1:00 in the afternoon, Vinod came to her house and proposed to marry her. When she declined to go with Vinod, he gave a fist blow. She sustained injury below the left eye. Vinod tried to kiss her. Her brother-in- law came, hearing her shouts. Vinod escaped. Her brother-in-law called her husband. Her husband called her parents. Her parents took her to village Nandana. She came to report with her parents and cousin. On such allegations, the Police Station, Nalkheda registered FIR for offence punishable under Sections 74 , 75, 76, 115(2), 351(3), 329(4)of the BNS, 2023. Victim was forwarded for medico legal examination. No internal injury was found. The medical officer reported that it could not be opined that she has been sexually assaulted in absence of other forensic evidence. The DNA examination report dated 30.05.2025 found absence of Y- Chromosome STR DNA profile in the source material of victim. The victim alleged rape by the applicant in her statement recorded under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023 . The prosecution for offence punishable under Section 64 (1), 332(b), 309(6), 238(b) of The BNS was added. the applicant was arrested on 23.4.2025. He is in custody ever since. The trial is underway. The victim (PW-1) has been examined. The contentions raised by learned counsel for the applicant has prima facie substance.