Mahesh Chandra Sharma, J. - (1.) - Heard learned counsel for the petitioner and the learned Public Prosecutor.
(2.) This third bail application has been filed by the accused petitioner after recording of the statement of the prosecutrix and on the ground that the co-accused Ramjilal has been released on bail under Section 439 Cr.PC. by the co-ordinate Bench of this Court on January 12, 2011. The first bail application of the petitioner was rejected by this court on 4.1.2011 and following order was passed : "Learned counsel for the accused petitioner prays for withdrawal of the bail application with the liberty that the learned trial court be directed to record the statement of the prosecutrix within a period of one month from the date of receipt of certified copy of this order and thereafter the petitioner will be at liberty to move fresh bail application before the learned trial court which is not opposed by the learned PP In view of the above, the bail application stands dismissed as withdrawn. However, the trial court is directed to record the statement of prosecutrix within the aforesaid period, if possible."
(3.) On Feb. 1, 2011, the accused petitioner filed second bail application on the ground that co-accused Ramjilal has been released on bail under Section 439 Cr.PC. by the co-ordinate Bench of this Court on 12.1.2011. The second bail application was decided by this Court on Feb. 17, 2011 as the learned counsel for the accused petitioner made a prayer for withdrawal of the bail application. On Feb. 17, 2011, this court passed the following order : "Learned counsel for the petitioner has stated that he may be permitted to withdraw this bail application with liberty to move bail application before the learned trial court as directed by this court vide order dated 4.1.2011 passed in S.B. Cr. Misc. bail Application No. 10848/10. He has also stated that he has moved this bail application on the ground that co-accused has been released on bail by this Court. Learned counsel is permitted to withdraw the bail application. Accordingly, the criminal misc. bail application. stands dismissed as being withdrawn with the liberty aforesaid.";