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Judgment
8 paragraphs · 199 wordsVijay Kumar Shukla, J
1) This is repeat (2nd) application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail relating to FIR No. 21/2022 dated (not mentioned) registered at Police Station - Mahila Police Thana, Khargone (M.P.) for the offence under Sections 354, 354(D), 376, 376(3), 506 of IPC and under Section 3/4 of POCSO Act and under Section 67(B) of I.T. Act. The earlier bail application was dismissed as withdrawn on 17.04.2023.
2) Counsel for the applicant submits that the present application is filed on the ground that the parents of the prosecutrix have no objection to grant bail to the applicant.
3) Counsel for the State opposes the prayer for grant of bail on the ground that the statement of the prosecutrix was recorded under Section 164 of Cr.P.C. and she has made allegations against the present applicant and her age is 16 years.
4) At this stage, counsel for the applicant prays for withdrawal of the application with liberty to revive the same after the statement of the prosecutrix in the Court.
5) Prayer is allowed.
6) Application is dismissed as withdrawn with the aforesaid liberty.
CC as per rules.