Sanjay K. Agrawal, J
1. This is the second bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has
been arrested in connection with Crime No. 332/2017, registered at Police Station Simga, Balauda Bazar - Bhatapara (C.G.) for the offence
punishable under Sections 366, 363, 376 of the Indian Penal Code, 1860 and Section 4 and 18 of the Protection of Children From Sexual Offences Act,
2012.
2. Case of the prosecution, in brief, is that, the applicant has committed sexual intercourse with the minor prosecutrix and thereby committed the
offence under the aforesaid sections.
3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question and has not committed any offence.
He further submits that the applicant is in custody since 30.10.2017 and charge-sheet has been filed and the statement of prosecutrix has been
recorded in which she has not supported the case and also the trial is likely to take some time for its final disposal, therefore he may be released on
bail.
4. On the other hand, learned counsel for the State opposes the bail application.
5. I have heard learned counsel appearing for the parties and perused the case diary.
6. Taking into consideration the facts & circumstances of the case; further taking into consideration the nature & gravity of the offence; role of the
present applicant; material available on record; and also the age of the prosecutrix, I do not consider it a fit case, in which, the applicant should be
enlarged on regular bail.
7. Accordingly, second bail application filed under Section 439 of the Cr.P.C. is rejected.
Certified copy as per rules.
