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Judgment
Gautam Kumar Choudhary, J
Heard learned counsel for the parties.
The petitioner named above has been made accused in connection with Hiranpur P.S. Case No. 138 of 2022 (G.R. No. 155 of 2023) for the offence under Sections 376, 302, 201 of the Indian Penal Code, pending in the court of A.C.J.M., Pakur.
The informant is the father of the deceased and as per the FIR, his 22 years old daughter was married to one Bashir Sheikh and thereafter there was marital dispute and frequent altercation between them. Her daughter returned to her natal home and she used to work in the house of her neighbour Khalid Ansari. After sometime she became pregnant and went missing since 13.11.2022 and later on her dead body was found. During investigation, her dead body was found and it was suspected that the rape was committed with her. There was no eye witness to the incidence and the suspects were apprehended in the case including the petitioner and vaginal swab semen from the dead body as well as the blood sample of the petitioner was sent to the FSL for examination. FSL Report has been received by this Court.
It is submitted by learned counsel for the petitioner that there is no direct or circumstantial evidence against the petitioner and he has been implicated only on suspicion. There was consensual physical relationship between them and the victim became pregnant and thereafter her murder was committed by some unknown person to which he was not a party. Sample was collected on 14.11.2022 and it was sent to FSL on 10.01.2023. Sample, seized, was not properly packed which has been stated in the report itself.
Learned counsel for the State has opposed the prayer for bail and submitted that as per the FSL Report conclusion DNA profile of the petitioner has matched with the foetus as per Conclusion No. 1. Further, from Conclusion No. 5 it will be apparent that mix semen has been found showing that gang rape was committed with the deceased before committing her murder. The DNA of semen, found on the vaginal swab, has matched with the blood sample taken from this petitioner.
Considering the gravity of offence and nature of allegation, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for bail is hereby rejected.