JUDGMENT :

1. The Second Bail Application has been filed by the petitioner in connection with FIR No. 128/2023 for offence u/S 366. The main ground for filing the Second Bail Application is delay in trial.

2. Learned counsel for the petitioner submits that the petitioner is in custody since 09.04.2023 and charge-sheet was filed on 01.05.2023, whereas the charge was framed on 16.08.2023. He further submits that out of the 17 prosecution witnesses, till date only one witness has been examined by the Trial Court and other witnesses could not be examined because they are not being produced by the prosecution before the court.

3. Learned counsel for the petitioner submits that the prosecution has failed in producing the prosecution witnesses before the trial court. He has also placed on record the ordersheets of the trial court proceedings.

4. Learned counsel for the petitioner further submits that speedy trial is the right of the petitioner.

5. Public prosecutor vehemently opposed the bail application and submitted that there are specific allegations of committing rape against the petitioner. He further submits that the delay in trial is not of such a nature that the petitioner could be giv