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2022 Supreme(Del) 1748

ANU MALHOTRA
Anil – Appellant
Versus
State (NCT of Delhi) – Respondent


Advocates appeared:
Mr. Abhinandan Gautam, Ms. Samriddhi & Mr. Suresh Sisodia, Advocates., for the Petitioner; Mr. Shoaib Haider, APP for State with SI Jagdish, PS Fatehpur Beri., for the Respondent

JUDGMENT

Anu Malhotra, J. - The applicant, vide the present application seeks the grant of regular bail in relation to FIR No.507/2018, PS Fatehpur Beri under Section 376 Indian Penal Code, 1860 r/w Sections 4 & 6 of the POCSO Act, 2012 submitting to the effect that he is incarcerated since 07.12.2018.

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 No.449/2019 having been dismissed as withdrawn vide order dated 23.04.2019 and vide order dated 17.09.2020 in Bail Appln.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:-

    '.. On a consideration of the rival submissions made on behalf of either side without any observations on the trial that is in progress, taking into account the factum that the deposition of the prosecutrix is yet to be completed and the testimony of her parents also yet to be completed, coupled with the factum that both through her deposition on oath to the extent that it has been recorded and through her statement under Section164 of the CrPC the prosecutrix has s

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