JUDGMENT Vishnu Pratap Singh Chauhan, J. - Heard on this second post arrest bail application under Section 439 of the Code of the Criminal Procedure filed on behalf of the applicant. 2. The applicant is in jail in connection with Crime No.798/2019 registered at Police Station Chola Mandir, District Bhopal (M.P.) for commission of offence punishable under Sections 342, 376(2)(n), 376(2)(l) and 506 of the Indian Penal Code. 3. The first application for the same relief has been dismissed on merits by order dated 17.06.2020 passed by this Court in M.Cr.C.No.53219/2019. 4. Learned counsel for the applicant submits that this second application has been filed on the ground that in the charge sheet, it is not clear that prosecutrix was mentally retarded. No disability certificate is annexed with the charge sheet. The doctor, who examined the prosecutrix during investigation, categorically mentioned the behaviour of the prosecutrix as normal. She recorded her statement before the Magistrate under Section 164 of Cr.P.C. It is clearly reflected on perusal of the statement that she is a normal lady and not mentally retarded person. The father of the prosecutrix beat the applicant and it is reflected in the MLC report of the applicant, that applicant had received five injuries on his body. The applicant has been falsely implicated by father using his daughter as a tool. The age of the prosecutrix is more than 18 years on the date of incident. The applicant is consistently behind bars since 08.11.2019. After investigation, charge sheet has been filed; therefore, it has been prayed to enlarge the applicant on bail. 5. Learned Panel Lawyer for the respondent/State on the other hand has vehemently opposed the application and prays for its dismissal. 6. Having heard learned counsel of both the parties, no doubt, the learned Panel Lawyer accepted that no disability certificate is attached with the charge sheet. The doctor, who examined the prosecutrix, had not found any abnormality in the behaviour of the prosecutrix. The whole copies of the documents filed along with the charge sheet has been filed with this petition. No doubt, no certificate of disability has been filed in the charge sheet to demonstrate that prosecutrix is mentally retarded. The Magistrate, who recorded the statement of prosecutrix under Section 164 of Cr.P.C., not took any support of the expert. The prosecutrix recorded her statement that she is a normal lady. No doubt, no certificate of disability has been filed in the charge sheet to demonstrate that prosecutrix is mentally retarded. The Magistrate, who recorded the statement of prosecutrix under Section 164 of Cr.P.C., not took any support of the expert. The prosecutrix recorded her statement that she is a normal lady. No doubt, medical examination report of the applicant is annexed in this charge sheet in which it is reflected that applicant was having 5 simple injuries on his body. The doctor, who examined the prosecutrix, categorically stated that no sign of any force for committing rape was found on the body of prosecutrix. The vaginal slide was sent for examination to FSL but no report is annexed with the charge sheet. The date of birth of the prosecutrix is 08.01.2001 and the date of the incident as stated by the prosecutrix is 21.10.019, which reveals that on the date of the incident, the prosecutrix was more than 18 years old. 7. After considering the whole evidence filed along with the charge sheet, without expressing any opinion on the merits of the case, this Court is inclined to allow this second application and release the applicant on bail. 8. Consequently, this second application for bail under Section 439 of the Code of Criminal Procedure filed on behalf of applicant-Bhagwat Singh Raghuvanshi, stands allowed. 9. It is directed that applicant-Bhagwat Singh Raghuvanshi shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before that Court on all dates fixed in the case and for complying with the conditions enumerated under Section 437 (3) of the Code of Criminal Procedure. 10. This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective. 11. Jail authorities and State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus, before and after releasing the applicant. 12. Certified copy as per rules.