Judgment Mr. Hari Pal Verma, J. (Oral):-Prayer in this petition filed under Section 439 Cr.P.C. is forgrant of regular bail to the petitioner in case FIR No. 197, dated 13.04.2019,under Sections 376, 354-A, 506, 34 IPC and Section 25 of the Arms Act(Sections 354-A, 34 IPC and Section 25 of Arms Act deleted later on),registered at Police Station Samalkha, District Panipat. 2. Learned counsel for the petitioner has argued that the aforesaid FIR has been registered at the behest of the prosecutrix, who is a married lady and about 42 years of age. The other co-accused referred in the FIR, namely, Irfan and Atta, brother of Bijender (i.e. other two persons named inthe FIR) have been found innocent during the investigation. There is nomedical evidence which may substantiate the very allegation that rape was committed upon the prosecutrix. The petitioner is in custody since16.04.2019 and the trial in this case is not likely to be concluded in the nearfuture as no prosecution witness has been examined. He referred to thestatement of the prosecutrix dated 15.04.2019 (Annexure P/2) wherein it hasbeen alleged that two persons, namely, Irfan and Atta have called the prosecutrix and the petitioner committed rape upon her. Once the other co-accused have been found innocent during the investigation, the storyprojected by the prosecutrix is highly doubtful. 3. Learned State counsel, on insturctions from ASI Dilbagh Singh, does not dispute the custody. 4. I have heard learned counsel for the parties. 5. This Court has put a specific question to the State counsel as towhether during the investigation, the allegation of rape was established. However, no such medical record has been produced, so as to establish thatthe rape was ever committed upon the prosecutrix. Though the medical onthe person of the prosecutrix was conducted, but during this medicalexamination, no external injury on any part of the body of prosecutrix wasfound. 6. Since the petitioner is in custody from 16.04.2019 and the otherco-accused, namely, Irfan and Atta have been found innocent and the trial inthis case is not likely to be concluded in the near future as no prosecutionwitness has been examined, this Court finds that the culpability of thepetitioner is yet to be established during the course of the trial. 7. Accordingly, the present petition is allowed and the petitioneris admitted on regular bail, subject to furnishing of his bail bonds/suretybonds to the satisfaction of trial Court. 8. 7. Accordingly, the present petition is allowed and the petitioneris admitted on regular bail, subject to furnishing of his bail bonds/suretybonds to the satisfaction of trial Court. 8. It is made clear that the petitioner shall not extend any threatand shall not try to influence any prosecution witnesses directly or indirectlyin any manner. 9. However, it is made clear that the observations madehereinabove shall not be construed as an expression on the merits of thecase and the trial Court shall proceed with the trial independently withoutbeing influenced by the order of bail passed by this Court.