JUDGMENT

Rameshwar Vyas, J. - S.B. Criminal Misc. 3rd Bail Application No. 5709/2022

1. The present third bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No. 78/2021 registered at Police Station Begun, District Chittorgarh for the offences under Sections 363, 384, 376(2)(n)(i)/109/376 (D.A.), 120B, 342, 323 & 370(4) of I.P.C. and Sections 3/4, 5(G) (L)/6 & 16/17 of POCSO Act, 2012.

2. In spite of service of notice, no one has put in appearance on behalf of the respondent No. 2/complainant.

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

4. Learned counsel for the petitioner submits that at the time of dismissing second bail application of the petitioner as not pressed by this Court on 08.03.2022, liberty was granted to the petitioner to file fresh bail application after recording the statement of the prosecutrix. The prosecutrix has been examined before the trial court as P.W. 1 on 15.02.2022. In her statement, she has made allegation of rape against co-accused Dilkhush. In the cross-examination, she has admitted that she did not know