ORDER (Oral)

1. This petition for release on bail under Section 439 of the Code of Criminal Procedure, 1973 (Cr.P.C.), in case arising out of first information report (FIR) no. 224/2016, involving offences punishable under Sections 354A/365/367/376/377/342/506 of Indian Penal Code, 1860 ("IPC") and Section 4 of Protection of Children from Sexual Offences Act, 2012 ("POCSO Act") of police station Nabi Karim, has brought to light a very disturbing background.

2. The petitioner is facing trial as accused in two session cases (nos. 67/2014 and 29031/2016), each having arisen on the basis of reports (charge-sheets) presented by station house officer of police station Nabi Karim under Section 173 Cr.P.C., upon conclusion of investigation into two different FIRs, they being FIR no. 218/2014 registered on 11.05.2014 and FIR no. 224/2016 registered on 20.10.2016. Each of the said cases involves, inter alia, offences under Section 6 of POCSO Act, the prosecutrix in each case being the same, the evidence showing her date of birth to be 15.01.2001 and, thus, she at the time of alleged offences being a little over 13 years and about 15 years 9 months old respectively.

3. The trial in the first sessions case (arising out of FIR no. 218/2014), on the charge for offences under Section 376 (2) IPC read with Section 6 of POCSO Act, against the petitioner (the other two co- accused person having been charged with offence under Sections 23 of Juvenile Justice Act read with Section 34 IPC) was underway, it being at the stage of recording of evidence for prosecution (the prosecutrix having been examined) when the other FIR (leading to the second case before the Special Court) was registered.

4. It is pointed out that the petitioner had been released on bail in the first case (SC 67/2014), by the Special Court, by order dated 13.11.2014. The petitioner having been arrested in the second FIR on 21.10.2016 had moved the court of Sessions for release on bail, but the same was declined. In due course, charge-sheet came to be presented and he was put on trial, in the second case on charges framed for offences under Sections 365/367/376/377 IPC and Sections 4 and 6 of POCSO Act, by order dated 27.04.2017.

5. After some evidence had been recorded in the second case, the petitioner moved another bail application before the trial court, referring, inter alia, to some part of the statement of the prosecutrix and certain other evidence (primarily medical evidence). The said application was also dismissed by the trial court by order dated 14.09.2018. The application at hand was filed in the wake of said rejection of the prayer for release on bail.

6. When this application came up for consideration on 21.12.2018, in light of the facts which had been brought out, amongst others by the status report that was submitted, the following order was passed:

"Status report filed. Heard for some time.

The case arising out FIR no. 224/2016 of police station Nabi Karim involving offences under Sections 354A/365/367/376/377 IPC and Section 4 of Protection of Children from Sexual Offences Act, 2012 presents a sordid story of the same person being accused again of committing rape, in fact, gang rape, against the prosecutrix child, who had earlier accused of such acts, it forming part of case arising out of FIR no. 218/2014 of Police Station Nabi Karim. Both the cases are pending trial in the same court.

The prosecutrix had supported the case for prosecution in her examination-in-chief and also in part cross- examination, the same having been deferred. It appears she made certain statements in the continued cross- examination on the basis of which the petitioner alleges false implication and seeks to be enlarged on bail pending remaining trial. It is submitted that he is on bail in the previous case.

The status report submitted today does not bring out the facts concerning the previous case in entirety. Given the above facts, it is essential that the said background