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Date of Decision: MAY 25, 2018
SAAN MOHD @ SONU ..... Petitioner
Through : Mr.Roshan Lal, Advocate.
Through : Mr.Ravi Nayak, APP.
JUDGMENT
1. The petitioner seeks regular bail in case FIR No.547/2014 under Sections 363/376(2)(N)/120B/34 IPC & 6 POCSO Act registered at Police Station Ranhola. Status report is on record.
2. I have heard the learned counsel for the parties and have examined the file. The petitioner is in custody since 24.07.2014. As per FSL report semen was detected on Ex.1e[4] (one Kid’s underwear). As per DNA report dated 11.03.2015, it did not match with the DNA profile generated from the source on Ex.[2] (Blood in gauze of accused Mohammad @ Sonu). It is not the case of the prosecution that besides the petitioner, any other individual had sexually assaulted the victim. 2018:DHC:3504 Bail Appl.1528/2017
3. Considering the facts and circumstances of the case and the custody period undergone by the petitioner and considering the DNA report, he is admitted to bail on his furnishing personal bond in the sum of `50,000/-with one surety in the like amount to the satisfaction of the Trial Court. The petitioner, however, shall not contact the prosecutrix and other prosecution witnesses and shall not criminally intimidate the prosecutrix or her family members in any manner.
4. The bail application stands disposed of.
5. Trial court record be sent back forthwith along with the copy of the order.
S.P.GARG (JUDGE) MAY 25, 2018