DEEPAK MAHESHWARI,J. - (1.) Heard learned counsel for the petitioner on this third bail application in FIR No.42/2016 Police Station Sarada District Udaipur registered for the offences punishable under section 363, 366A, 376 and section 4/6 of Protection of Children from Sexual Offences Act, 2012.
(2.) Learned counsel for the petitioner submits that earlier first bail application moved on behalf of the accused-petitioner was rejected on 28.06.2016 at the stage of non-filing of the charge sheet. The second bail application was rejected under the order dated 19.09.2016 after filing of the charge sheet but before examination of the prosecutrix during trial. He submits that the prosecutrix has now been examined as PW2 who has stated in her examination in chief that her parents were adamant to get her married against her wishes, therefore, she left for Mumbai on her own. She had specifically stated that she does not know the accused-petitioner Ganesh Patel and he did not commit wrong with her. Even during the cross examination conducted by Public Prosecutor, she has not deposited anything against the accused petitioner. It has also been argued that Dr. Renu who examined the prosecutrix for sexual assault has been examined as PW1 during the trial. She has also stated in her statement that no definite opinion can be given after examination of the prosecutrix regarding the sexual assault committed on her. This fact has also been stated by her in the medical examination report (Ex.1). It has been further stated that the accused-petitioner is in custody for more than a year i.e. since 25.04.2016. Thus, it is prayed that the accused-petitioner may be released on bail.
(3.) None has come forward to contest this bail application on behalf of the prosecution.;