Cr.M.P.(M) No. 1206 of 2008 26.11.2008 Present: Mr. M.L. Brakta, Advocate for the petitioner. Mr. Rajinder Dogra, Addl. A.G. for the respondent. This is an application under Section 439 of the Code of Criminal Procedure for the grant of bail to the petitioner in the case F.I.R. No. 175 of 2008 dated 6.7.2008 registered at Police Station, Sadar Nahan, District Sirmaur under Sections 376 and 34 of the Indian Penal Code. Mr. M.L. Brakta, Advocate has strenuously argued that his client has been falsely implicated in the case by the police and there is no evidence against him. The learned Additional Advocate General has opposed the application. The learned Additional Advocate General has produced the record. I have gone through the MLC report as well as FSL report. It has come in the MLC that due to the presence of semen vaginal smear, the possibility of fresh sexual intercourse could not be ruled out. It has come in the report of the FSL that human semen was found on Ext. 1b, Ext. 2 and Ext. 5b. In view of the report of the MLC and the FSL report and other attending circumstances, the petitioner cannot be enlarged on bail. Consequently, the application is rejected. The observations made in this order are for the disposal of this application and these shall not be treated as an expression/opinion on the merits of the case. (Rajiv Sharma), J. November 26, 2008. (cr)