9 This Court, after considering the facts and the materials placed on record, is of the view that the petitioner being a student of Engineering, need not suffer incarceration during trial as the same would affect his education as well as the prosperity. Although the physical intimacy is revealed only on the basis of the affair between the petitioner and the defacto complainant, in any case, it has to be seen that whether the petitioner had extended any promise to the defacto complainant or not and the same has to be established during trial. According to the learned counsel for the petitioner that the offence under SC/ST Act did not take place and so is offence under Section 506(i). According to the petitioner, he has been falsely implicated for such offence. This Court cannot come to any conclusion on such submissions. Prima facie this Court is in favour of the petitioner for being enlarged on bail, particularly considering the age of the petitioner and the circumstances of the case. Moreover, it appears from the final paragraph of the order passed by the Court below that when medical examination was not yet completed, and therefore, the Court was not inclined to grant bail. After passage of time in the change of circumstances, when the fact of the matter is that the medical examination has been completed, this Court feels that there is no impediment for the petitioner being enlarged on bail.
