Umesh A. Trivedi,J. - (1.)This successive bail application is preferred by the applicant after withdrawal of earlier bail application after submission of charge sheet being Criminal Misc. Application No.6973 of 2020 permitting applicant to move this Court if charge is not framed against him and the trial does not begin within 4 months from the date of that order.
(2.)Mr. Ankit Bachani, learned advocate for the applicant submitted that yet charge is not framed and trial has yet not commenced. Though reason for non framing of charge and commencement of trial is forthcoming, Mr. Bachani, learned advocate for the applicant submitted that the offence alleged against the present applicant provides for maximum punishment for a period of 3 years under Section 354-D of the Indian Penal Code as also under Section 12 of the Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act'). Therefore, he has requested that the applicant be released on regular bail.
(3.)The present successive bail application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being C.R.No.11993002200050 of 2020 registered with Adipur Police Station, Dist - Kutchh East - Gandhidham , for the offence punishable under Sections 354 (D) and 506 of Indian Penal Code as also under Sections 12 and 18 of 'POCSO Act'. In the aforesaid offence, charge sheet has come to be filed.