JUDGMENT

1. This application under Section 439 (2) of Cr.P.C. has been filed for setting aside the order dated 28/8/2021 passed by Special Judge (POCSO Act), Gwalior in Bail Application No.2352/2021, by which the respondent no.2 has been granted bail.

2. It is submitted by the counsel for the applicant that while granting bail, the Court below must apply its mind to the facts of the case. The gravity of the offence is also to be considered. However, without applying any mind and without assigning any reason, the Court below has granted bail to the respondent no.2. It is submitted that according to the prosecution case, the prosecutrix is minor and is a student of Class 10th and from the month of September, 2020 the applicant was visiting her house for teaching her. For the first two months the respondent no.2 taught the prosecutrix properly, but thereafter, he started misbehaving with her. It is submitted that the respondent no.2 used to touch the private parts of the prosecutrix and in the absence of the mother of the prosecutrix, he used to commit rape on her. On 29/3/2021 at about 1-3 PM when the mother of the prosecutrix was not in the house and by threatening the handicapped bro