Merely Because DNA Report Does Not Establish Paternity, Is No Ground For Release On Bail; Bombay HC Rejects Plea Of Accused In Gang Rape Of Minor

The Bombay High Court held that merely because the DNA report of a child born after a gang rape does not establish paternity of the accused, it does not mean that the accused can be released on bail and rejected the bail application filed by one Vaibhav Ubale, who is accused of raping a minor girl along with two others. Justice Bharati Dangre heard the 25-year-old’s bail application and observed- “The mere fact that the DNA report does not support paternity is not grounds to release the applicant at this stage. There is every likelihood that he will pressurize the victim girl once being released on bail. The fact that he is a young boy itself is not sufficient to release him on bail, in light of the material collected by the investigating agency against him.” The applicant was arrested in relation to FIR filed against him for the offences punishable under Section 376 of the IPC and Sections 3, 4, 5(G), 5(J)II), 6, 8 and 12 of the Protection of Children from Sexual Offences Act, 2012.