ARJUN KASDEKAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the second application filed by the applicant under Sec. 439 of the Code of Criminal Procedure for grant of bail relating to Crime/FIR No.272/2022 dated (not mentioned) registered at Police Station Jhallar, District Betul, for the offence under Ss. 376(3) of the Indian Penal Code and Ss. 5(L)/6 of the Protection of Children from Sexual Offences Act, 2012. Applicant is in custody since 19/6/2022.

(2.) The applicant's earlier bail application was dismissed as withdrawn vide order dtd. 21/11/2022 passed in M.Cr.C. No.49132 of 2022 granting liberty to revive the same after recording of statement of the prosecutrix.

(3.) Learned counsel for the applicant submits that the statement of prosecutrix has been recorded (Annexure A-3) wherein she has not supported the case of prosecution and declared hostile. Therefore, he prays that looking to the aforesaid facts and circumstances of the case and the applicant's custody period, he may be enlarged on bail.