ORDER

This second application under Section 439 of the Code of Criminal

Procedure has been filed on behalf of the applicant for grant of bail in connection with Crime No.76/2022 registered at Police Station Gunga District Bhopal for the offence punishable under Sections 376, 342 of IPC and Section

3/4 of POCSO Act.

Earlier application of the applicant was dismissed as withdrawn with liberty to move a fresh one after recording the statement of prosecutrix vide order dated 13/07/2022.

Counsel for the applicant submits that applicant is in jail since

06/04/2022. He further submits that statement of prosecutrix was recorded and in her statement she has narrated that at the time of incident she was aged about 18 years. He submits that in whole story prosecutrix has not disclosed the date of incident and explanation given by prosecutrix for not lodging the report to the police immediately is suspecious. He further submits that the prosecutrix has also given wrong information to the doctor that she is pregnant but finally it is found that she was not pregnant. He submits that a false case was registered against him and no rape has been committed with the prosecutrix. DNA report is also negative