- (1.) THIS is second bail application under Section 439 Cr.P.C. The petitioner is seeking bail in Session Case No.152/2013 arising out of FIR No.122/2013, P.S. Mahila Thana (West) Jodhpur and 0/2013, P.S.Kamla Market Delhi, pending trial in the Court of Sessions Judge, Jodhpur for offence under Sections for the offence under Sections 342, 376(2)(F), 376(D), 370(4), 354A, 506, 509/34, 120 -B of the IPC, Sections 23 and 26 of the Juvenile Justice (Care and Protection of Children) Act, 2000 and Section 5(F)/6, 5 (G)/6, 7/8 of the Protection of Children from Sexual Offences Act, 2012.
(2.) THE first bail application of the petitioner was dismissed on 01.10.2013 by a detailed order. The second bail application has been filed on the ground that challan has since been filed and that the earlier bail was dismissed at the point of time when the investigation of the case registered against the petitioner was in progress. Learned Senior Counsel, Shri Ram Jethmalani, addressed arguments on 07.01.2014 as well as on 13.01.2014, which were continued by Mr.C.V.Nagesh, Senior Counsel, on the subsequent date and finally concluded by handing over written submissions on 03.02.2014.
(3.) IT was argued that the material collected does not make out a serious offence for which a sentence of imprisonment exceeding five years can be imposed upon the petitioner. The allegations alleged against the petitioner are under three different enactments. Firstly, under Sections 23 and 26 of the Juvenile Justice (Care and Protection of Children) Act, 2000. Under these Sections, a child should be procured for the purpose of any hazardous employment and the offence should be committed by a person who is in actual charge of or control over the child, whereas, there is no evidence available on record that the prosecutrix, who is a child, was procured for the purpose of any employment or that the petitioner was the person having the actual charge of or control over the child so assaulted.;