GURPAL SINGH AHLUWALIA, J. - (1.)This first application under Section 439 of Cr.P.C. has been filed for grant of bail.
(2.)The applicant has been arrested on 07.01.2021 in connection with Crime No.05/2021 registered at Police Station Narwar, Distt. Shivpuri for offence under Sections 376 (1) (4), 363, 506, 313, 120, 376 (2) (h), 328 of IPC and Sections 17, 3/4, 5/6 of POCSO Act.
(3.)It is submitted by the counsel for the applicant, that the prosecutrix and her father have been examined as PW-1 and PW-2 on 28.07.2021 and 02.08.2021 respectively. The said PWs have not supported the story of prosecution. Hence, no useful purpose would be served to continue incarceration of applicant. It is submitted by the counsel for the applicant that the coordinate bench of this Court by order dated 23.08.2021 passed in M.Cr.C. No.35027/2021 has granted bail to the co-accused - Dhruv Singh. It is further submitted that the applicant is in jail from 07.01.2021 and trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with prosecution case.