JUDGMENT

ANU MALHOTRA, J

1. The applicant, vide the present application seeks the grant of regular bail in relation to FIR No.507/2018, PS Fatehpur Beri under Section 376 Indian Penal Code, 1860 r/w Sections 4 & 6 of the POCSO Act, 2012 submitting to the effect that he is incarcerated since 07.12.2018.

2. The present application is the third bail application filed by the applicant herein before this Court with the first bail application i.e. Bail Appln. No.449/2019 having been dismissed as withdrawn vide order dated 23.04.2019 and vide order dated

17.09.2020 in Bail Appln. No.2437/2020, i.e. the second bail application filed by the applicant seeking the grant of bail was declined with observations therein to the effect:-

“….. On a consideration of the rival submissions made on behalf of either side without any observations on the trial that is in progress, taking into account the factum that the deposition of the prosecutrix is yet to be completed and the testimony of her parents also yet to be completed, coupled with the factum that both through her deposition on oath to the extent that it has been recorded and through her statement under Section164 of the CrPC the prosecutrix has stated in relation to the alleged commission of rape on her by the petitioner and taking into account the young age of the prosecutrix, she being a minor at the time of the alleged commission of the offence being only 14 years of age, there is no ground whatsoever to grant bail to the applicant.

The petition is declined.”

3. It has been submitted on behalf of the applicant that the cross-examination of the prosecutrix has since been conducted and that the prosecution version set forth through the FIR, MLC and the statement under Section 164 of the Cr.P.C., 1973 and the depositions made by the prosecutrix before the learned Trial Court are all at variance. It has also been submitted on behalf of the applicant that there are no injuries i.e. internal or external recorded in the MLC of the prosecutrix and no sexual assault can thus be attributed to the applicant.

4. The State through its status report dated 15.08.2022 submitted under the signatures of the SHO, PS Fatehpur Beri vehemently opposes the prayer made by the applicant seeking the grant of bail. It has been submitted through the said status report that on the complaint of the prosecutrix Ms. ‘P’, the FIR No. No.507/2018, PS Fatehpur Beri under Section 376 of the Indian Penal Code, 1860 & Sections 4/6 of the POCSO Act, 2012 was registered against the applicant herein, wherein, the complainant stated that she was a student of 9th class and for the past one year she was taking tuitions from the applicant herein, a resident of Sanjay Colony Bhati Mines and that on 5/12/2018, the applicant herein called her mother and asked her to send the complainant for tuition and before going for tuition she went to her friend Priya’s house and took Priya along with her to the applicant’s house for tuition and when they reached his house they saw that nobody else was there at his house. As per the status report, the prosecutrix is stated to have told the applicant that since there was no one who had come that day, she would go back to which the applicant gave a note to her on which it was written that you should come to the bathroom after her friend named Priya had left the place and thereafter the applicant herein had sent Priya to call Anjali (student) from her house and asked the prosecutrix to accompany him inside the bathroom and she refused to go inside the bathroom, thereafter the applicant caught hold of her hand and pulled her inside the bathroom and forced himself upon her and raped her. As per the prosecution version, the prosecutrix narrated the entire incident to her mother after which she got her complaint recorded at the Bhati Mines Police Post.

5. It is indicated further through the status report that the prosecutrix/victim was medically examined at the AIIMS Hospital vide MLC No 12452/2018, wherein,