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Judgment
9 paragraphs · 259 wordsVijay Kumar Shukla, J
On account of the prevailing conditions worldwide, brought about by the COVID 19 virus, this application has been heard and decided through video conferencing, to maintain social distancing. The necessary parties have effectively been represented by their respective counsels through video conferencing.
This is the repeat (second) bail application filed by the applicant Santosh Sahu under Section 439 of the Cr.P.C. for grant of bail. The earlier bail application of the applicant was dismissed as withdrawn by this Court vide order dated 29.07.2020 passed in M.Cr.C. No. 11387/2020.
The applicant is in custody since 07.02.2020 in connection with Crime No. 103/2020 registered at Police Station Sarni, District Betul (M.P.) for the offences punishable under Sections 363 & 376(3) of IPC and under Section 3/4 of POCSO Act.
The learned counsel for the applicant submits that the Challan has been filed in this case and the applicant is in jail since 07.02.2020 and there is likelyhood of delay in the trial proceedings
Learned panel lawyer for the State submits that the age of the prosecutrix is about 15 years and serious allegations has been leveled against the present applicant
In view of the aforesaid submissions and taking into consideration the age of the prosecutrix, I am no inclined to grant bail to the applicant.
At this stage, learned counsel for the applicant prays for withdrawal of the bail application with liberty to revive the application after statement of the prosecutrix is recorded by the Court.
With the aforesaid liberty, the present application is dismissed as withdrawn.