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Judgment
Gurpal Singh Ahluwalia, J
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This application under Section 439 of Cr.P.C. has been filed for grant of bail.
The applicant is in jail w.e.f. 12.12.2023 in connection with Crime No.894/2023 registered at Police Station Cantt. Sagar for offence under Sections 376, 376(2)(n) of IPC and Section 5(1)/6, 5(j)(ii) of Protection of Children from Sexual Offences and Section 3(1)(w)(i), 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
It is submitted by counsel for applicant that even parents of the girl have no objection. However, it was fairly conceded that in a Writ Petition filed for medical termination of pregnancy, parents of the prosecutrix had claimed that their minor daughter does not wish to give birth to the child of rapist.
Be that whatever it may be.
Since prosecutrix was admittedly minor on the day when the intercourse for the first time took place and even on the date of lodging the FIR, she was minor and a minor girl had become pregnant, the counsel for applicant seeks permission of this Court to withdraw this application.
It is, accordingly, dismissed as withdrawn.
8 . However, liberty is granted to applicant to revive the bail application after the statements of prosecutrix and her parents are recorded.