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Judgment
Gurpal Singh Ahluwalia, J
This second application under Section 439 of Cr.P.C. has been filed for grant of bail. The first application was dismissed by order dated 14.1.2022 passed in M.Cr.C.No.63412/2021.
The applicant has been arrested on 14.7.2020 in connection with Crime No.234/2020 registered at Police Station Esagarh, District Ashok Nagar for offence under Sections 363, 366, 376, 376(2n) of IPC, under Section 3(2)(va), 3(1)(W)(ii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and under Section 3/4 of the POCSO Act.
This second application under Section 439 of Cr.P.C. has been filed in the light of the judgment passed by the Division Bench in the case of Pramod vs. State of M.P. by order dated 22.4.2021 passed in CRA No.5189/2020 whereas the first four criminal appeals were rejected. Thus, in all this is sixth prayer for grant of bail.
The prosecutrix has been examined and she has supported the prosecution case. This application has been filed mainly on the ground of delay in trial. However, the order sheets of the Trial Court have not been filed to show that the applicant is not responsible for the delay.
Accordingly, the application is dismissed with liberty to the applicant to revive the prayer along with complete order sheets of the Trial Court.