JUDGMENT :

SHEKHAR KUMAR YADAV, J.

1. Heard Sri Vivek Shandilya, learned Senior counsel assisted by Mr. Vaibhav Shandilya, learned counsel for the applicant, Mr. Ajay Sengar, learned counsel for the informant, Mr. R.K. Srivastava, learned counsel appearing for the State and perused the record.

2. The applicant seeks anticipatory bail in Complaint Case No. 03 of 2023,under Sections 363, 376(3) IPC and Section 3/4 of POCSO Act, 2012, P.S. Kuthaundh, District Jalaun, during the pendency of trial.

3. At the outset, learned AGA for the State raised preliminary objection that sub-section (4) of Section 438 of Cr.P.C, explicitly excludes the application of the provision relating to pre-arrest bail in relation to any case involving the arrest of any person on accusation of having committed an offence under subsection (3) of Section 376 IPC as such the application for pre-arrest bail is not maintainable.

4. Section 438 of the Cr.P.C. provides for issuing directions for granting bail to a person apprehending arrest. The amendment [Code of Criminal Procedure Amendment Act, 2018] introduced to Section 438 (4)] reads as follows:

“438(4). Nothing in this section shall apply to any case involving the a