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Judgment
7 paragraphs · 173 wordsAlthough the Office has pointed out certain defaults but they are ignored.
Case diary is available.
This is sixth application filed under Section 439 of Cr.P.C. for grant of bail.
The applicant has been arrested on 11.8.2019 in connection with Crime No.261/2020 registered at Police Station Dabra, District Gwalior for offence under Sections 363, 366, 376, 506, 342, 34, 120-B of IPC and under Sections 5a(i), 6 of POCSO Act.
The previous bail application of the applicant has already been dismissed on merits after considering the judgment passed by the Supreme Court in the case of Hemudan Nanbha Gadhvi vs. State of Gujarat passed on 28.9.2018 in Criminal Appeal No.913/2016. Further, it has also been admitted by the counsel for the applicant that the prosecutrix has given birth to the child of the applicant. Thus it is clear that the prosecutrix, who was minor, was subjected to rape.
Accordingly, this Court is of the considered opinion that no case is made out for grant of bail.
The application fails and is hereby dismissed.