JUDGMENT :

RAJESH SINGH CHAUHAN, J.

1. Heard Sri Vaibhav Kalia, learned counsel for the applicant and Sri G.D. Bhatt, learned Additional Government Advocate for the State.

2. Despite the service of notice upon opposite party No. 2, no one has appeared on behalf of opposite party No. 2. As a matter of fact, no one has appeared on behalf of opposite party No. 2 on any date.

3. This is the second bail application as the first bail application bearing Criminal Misc. Bail Application No. 5158 of 2022; Irshad Ahmad vs. State of Uttar Pradesh & others; has been rejected vide order dated 30.11.2022 passed by Hon'ble Dinesh Kumar Singh, J. The order dated 30.11.2022 reads as under:

“1. Heard learned counsel for the applicant, Sri Ran Vijay Singh, learned A.G.A. and perused the record.

2. The present application under Section 439 Cr.P.C. has been filed by the applicant Irshad Ahmad seeking bail in FIR/ Case Crime No. 247 of 2021 under section-376, 354, 504, 506 I.P.C. & Section-(1)(w), 3(1)(Dha), 3(2)(v) SC/ST Act and section 3/4 and section 7/8 POCSO Act and section 67, I.T. Act, Police Station-Pachpedwa District-Balrampur.

3. The allegation against the accused-applicant is of committing rape on t