JUDGMENT : Sureshwar Thakur, J. The instant petition has been filed by the bail/applicant/accused, under, Section 439 Cr. P.C., wherethrough he seeks indulgence, of his being ordered to be released from judicial custody, whereat he is extantly lodged, for, his allegedly committing offences, constituted under Sections 363, 376, and 506 of the Indian Penal Code, and, under Section 4 of POCSO Act, registered at Police Station Nalagarh, District Solan, H.P. 2. The learned Additional Advocate General, has fairly submitted, before this Court that the prosecutrix, has completely resiled from her previously recorded statements in writing. However, the learned Additional Advocate General has contended with much force before this Court, that, the effect of the aforesaid renegings, of the afore, is in-consequential, (a) given the DNA report, clearing disclosing that the vaginal slabs, vis-à-vis, the prosecutrix rather matching with the blood group of the accused, hence he contends that the indulgence of bail, being not affordable to the bail-applicant/accused. 3. However, the afore submission also falters, (a) given the prosecutrix when confronted with the DNA report, hers completely resiling from her previously statement recorded in writing, and (b) importantly also qua the relevant collections being made, at her instance. Further more, the prosecutrix also rendered a testification qua her statement recorded under Section 164 of the Cr. P.C., before the learned trial Magistrate concerned, being made at the behest, and, at the instance of the Investigating Officer concerned, (i) thereupon, the afore rendered statement is stained with vice of tutoring, and, with an aura of involuntariness, hence no reliance can also be placed thereupon. Consequently, at this stage, it appears that prima-facie, the bail-applicant is innocent, and when no material has been placed on record by the prosecution that in the event of bail being granted to the bail-applicant, there is hence every likelihood of the bail-applicant fleeing from justice, or tampering with prosecution evidence, thereupon this Court is fortifyingly constrained, to, make an order that the bail-applicant shall be released from judicial custody, subject to compliance, with, the hereinafter extracted conditions :- (i) That he shall furnish personal bond in the sum of Rs. 2,00,000/-, with two sureties, in the like amount, to the satisfaction of the trial Court concerned. (ii) That he shall join the investigation, as and when required by the Investigating agency. 2,00,000/-, with two sureties, in the like amount, to the satisfaction of the trial Court concerned. (ii) That he shall join the investigation, as and when required by the Investigating agency. (iii) That he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Police. (iv) That he shall not leave India without the prior permission of the Court. (v) That he shall deposit his passports, if any, with the Police Station, concerned. (vi) That in case of violation of any of the conditions, the bail granted to the petitioner shall be forfeited and he shall be liable to be taken into custody. 4. Any observation made herein above shall not be taken as an expression of opinion on the merits of the case and the trial Court shall decide the matter uninfluenced by any observation made herein above.