JUDGMENT 1. - I have heard the learned counsel for the petitioner and so also the learned Public Prosecutor. 2. It is alleged that the prosecutrix Smt. Shanti aged 60 years of age, who is employed with the Health Department and was posted on the fateful day i.e. 15.1.1998 at the Health Centre, Salawas, was forcibly subjected to a sexual intercourse by the accused-petitioner. 3. The learned counsel for the petitioner submits that admittedly, the accused-petitioner was previously not known to the prosecutrix and his particular marks of identification has also not been disclosed in the statement of the witnesses. Besides, the accused-petitioner was put to test identification parade by the prosecution and she has failed to identify the accused-petitioner as the person who had committed rape on her. Besides, even if it is assumed and there is no reason to disbelieve the same, the prosecutrix was subjected to an offence of act of commission of rape, there are no grounds to believe that the accused-petitioner is the person who is liable for commission of this offence. Though, the nature of offence itself speaks, the prosecutrix who is aged about 60 years and is member of a Scheduled Tribe, has been subjected to rape but it appears that the Investigating Agency has not collected the evidence on record in regard to the identify of the offender who is liable for the same and the callous, indifferent and inefficient conduct of the Investigating Officer leaves no alternative but to accept this bail petition on the ground that, presently, the Investigating Officer has not been able to collect the material to connect the accused-petitioner with the alleged offence. 4. Therefore, it is expected that the Superintendent of Police shall entrust the investigation to any officer not below the rank of the Addl. Superintendent of Police so that he could collect enough material to look the offender liable for commission of this ghastly offence against the prosecutrix. 5. However, while granting this bail petition, it is ordered that in case the accused-petitioner furnishes a personal band in the sum of Rs. 20,000/- with two sureties in the sum of Rs. 10,000 /- each to the satisfaction of the trial Court, he shall be released on bail. Besides, he shall have to give an undertaking that he shall not tamper the prosecution evidence while on bail.Bail application allowed. *******