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2022 Supreme(Raj) 997

VINIT KUMAR MATHUR
Kushal Sen – Appellant
Versus
State – Respondent


Advocates appeared:
Umesh Kant Vyas, Advocate, S.K. Bhati, Advocate

JUDGMENT

Vinit Kumar Mathur, J. - Notice of the bail application has been served upon respondent No. 2. However, nobody has put in appearance on behalf of respondent No. 2.

2. The factual report submitted by the learned Public Prosecutor is taken on record.

3. The present second bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.06/2022, Police Station Bhadesar, District Chittorgarh for the offences under Sections 376(3), 363, 341, 504, 354-a IPC and Sections 3, 4, 11 of POCSO act 2012 and Section 67-a IT act.

4. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

5. Learned counsel for the petitioner submits that the first bail application of the petitioner was rejected by this court vide order dated 22.02.2022 with liberty to file a fresh bail application after the statement of Mst 'N' is recorded before the trial court. Learned counsel submits that the statement of Mst 'N' has been recorded before the trial court as PW-1 and she has not supported the prosecution case to the extent of the petitioner, therefore, she has been declared hostile. L

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