ANIL Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) The applicant, vide the present application seeks the grant of regular bail in relation to FIR No.507/2018, PS Fatehpur Beri under Sec. 376 Indian Penal Code, 1860 r/w Ss. 4 and 6 of the POCSO Act, 2012 submitting to the effect that he is incarcerated since 7/12/2018.

(2.) The present application is the third bail application filed by the applicant herein before this Court with the first bail application i.e. Bail Appln. No.449/2019 having been dismissed as withdrawn vide order dtd. 23/4/2019 and vide order dtd. 17/9/2020 in Bail Appln. No.2437/2020, i.e. the second bail application filed by the applicant seeking the grant of bail was declined with observations therein to the effect:-

(3.) It has been submitted on behalf of the applicant that the cross-examination of the prosecutrix has since been conducted and that the prosecution version set forth through the FIR, MLC and the statement under Sec. 164 of the Cr.P.C., 1973 and the depositions made by the prosecutrix before the learned Trial Court are all at variance. It has also been submitted on behalf of the applicant that there are no injuries i.e. internal or external recorded in the MLC of the prosecutrix and no sexual assault can thus be attributed to the applicant.