JUDGMENT Kuldip Singh, J. This is an application under Section 439 Cr.P.C. for releasing the petitioner on bail in FIR No. 149 of 2010 dated 25.7.2010 registered at Police Station, Ghumarwin, under Sections 376, 506 and 34 IPC. 2. It has been stated that the petitioner has been falsely implicated for commission of offence punishable under Sections 376, 34 IPC in FIR No. 149 of 2010 registered at Police Station, Ghumarwin on 25.7.2010. The petitioner is in custody w.e.f. 25.7.2010. The petitioner is young man aged about 25 years. 3. The petitioner has nothing to do with the alleged offence and nothing is to be recovered from him. The medical examination and report of the chemical examination are clear and are in favour of the petitioner. The petitioner is innocent. There is no evidence connecting the petitioner with the commission of offence. 4. The petitioner is permanent resident of village Kandrour, District Bilaspur. There is no likelihood of his jumping the bail in case he is released on bail. 5. The petitioner had earlier filed bail application which was dismissed by learned Additional Sessions Judge, Ghumarwin, Camp at Bilaspur on 30.11.2010. The petitioner filed another bail application in this Court which was withdrawn on 8.12.2010. 6. The prosecutrix is married and she took divorce from her husband Tej Singh. The petitioner has no criminal background. The investigation in the case is complete. The petitioner will abide by all conditions of bail in case he is released on bail. 7. The bail application has been opposed by the learned Additional Advocate General on the ground that the petitioner has been arrested in a serious case. The prosecutrix was below 16 years of age at the time of occurrence. The petitioner has earlier filed two bail applications in which relief was not granted to him. The challan has been put up in the court and even charge has been framed against the petitioner on 24.12.2010 and the case has now been fixed for prosecution evidence on 21.2.2011 to 28.2.2011. There is no change of circumstance. The petitioner is not entitled to bail. 8. I have heard the learned counsel for the parties and have also gone through the police file. The prosecutrix has lodged the report at Police Station, Ghumarwin. According to the prosecution, the date of birth of the prosecutrix, who is also known by the name Anita Devi is 5.8.1994. The petitioner is not entitled to bail. 8. I have heard the learned counsel for the parties and have also gone through the police file. The prosecutrix has lodged the report at Police Station, Ghumarwin. According to the prosecution, the date of birth of the prosecutrix, who is also known by the name Anita Devi is 5.8.1994. The petitioner has filed two bail applications earlier, first bail application was dismissed on 30.11.2010 and he withdrew the second application on 8.12.2010 which was filed in this Court. There is no change of circumstance after 8.10.2010. Moreover on 24.12.2010 charge has been framed against the petitioner and now the case has been fixed for prosecution evidence. The petitioner is involved in a serious case alongwith other co-accused. It is not the case of the petitioner that any co-accused has been granted bail. The petitioner is not entitled to bail at this stage, accordingly, the application is dismissed. 9. The observations made in this order are for disposal of bail application only and the same shall not be construed as expression of opinion on the merits of the case.