RAGHVENDRA Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This case has been taken up in the second round as certain additional documents pertaining to the record of proceedings of the trial Court were to be filed by the applicant. In the first round, Mr. K.P. Kushwaha, learned counsel appeared on behalf of the objector/prosecutrix in order to object to the bail being granted to the applicant. However, in the second round taken post lunch, he has failed to appear before this Court.

(2.) This is the third application for grant of bail under Section 439 of the Code of Criminal Procedure, 1973 moved by the applicant herein who has been arrested in connection with Crime No.07/2017 for offences punishable under Sections 376 , 376(2)(ja)(jha) of the Indian Penal Code and also under Section 4 of POCSO Act, 2012 registered at Police Station-Semariya, District- Rewa (M.P). The first bail application having been dismissed as withdrawn with liberty to file afresh after the statement of the prosecutrix is recorded before the learned trial Court vide order dated 27.06.2017 passed in M.Cr.C No.6426/2017. Thereafter, the second application was also dismissed as withdrawn vide order dated 29.01.2018 passed in M.Cr.C.No. 86/2018. However, in this order, this Court has observed that there were at least four occasions when the witnesses had appeared before the learned trial Court. However, the statements could not be recorded as the learned trial Court was vacant as the Judge having been transferred. Thereafter, liberty was once again given to the applicant to move afresh after the statement of the prosecutrix was recorded before the learned trial Court. After the passage of nearly one year, the statement of the prosecutrix has not yet been recorded.

(3.) The record of proceedings which have been filed alongwith I.A No.1248/2019, which have been taken on record and have been considered while deciding this application.