JUDGMENT 1. - The present second application for bail has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who has been arrested in connection with F.I.R. No. 43/2011 registered at the Police Station Gharsana, District Srigangangar for the offences under Sections 366, 366A and 376 I.P.C. 2. Heard learned counsel for the petitioner and the learned Public Prosecutor. 3. The first bail application field by the petitioner was rejected by this Court on 25.5.2012. 4. Learned counsel for the petitioner has now moved the second application for bail on the ground that though the petitioner is in jail from 1.2.2011, till date the trial of the Case has not proceeded at all. He has placed on record the application filed by the prosecution for leading secondary evidence before the trial Court stating that the original case file has been lost and therefore, the charge-sheet was filed against the accused on the basis of the copies available in the C.O. file. Learned counsel submits that the prosecutrix has mentioned her age to be 14 hears but on medical examination, she has been found to be between 15 to 17 years of age and she has been found to be habituated to sexual intercourse. He thus, prays that the petitioner now deserves to be granted bail in this case. 5. Learned Public Prosecutor has opposed the submissions of the learned counsel for the petitioner. 6. Having regard to the facts and circumstances of the case and particularly the fact that despite the petitioner having been incarcerated in the custody for the last yearly 1 year and 10 months, till date the case has not proceeded an inch because the prosecution did not file the original documents on the record, this Court is of the opinion that there are no justifiable grounds for keeping the petitioner in custody any further. That apart, upon a consideration of the statement rendered by the prosecutrix under Section 161 Cr.P.C. it becomes apparent that the prosecutrix in the said statement has admitted intimacy with the petitioner and upon being medically examined, she was found to be habituated of sexual intercourse and was has also been found to be between 15 to 17 years of age. Therefore, this Court is of the opinion that it is a fit case for grant of bail to the petitioner and the instant application for bail filed on behalf of the petitioner deserves to be accepted. 7. Accordingly, the bail application is allowed and it is directed that petitioner namely Shaukat Ali, who has been arrested in connection with F.I.R. No. 43/2011 registered at the Police Station Gharsana, District-Sriganganagar, Shall be released on bail, provided he executed a personal bond for a sum of Rs. 50,000/- along with two sound and solvent sureties in the sum of Rs. 25,000/- each to the satisfaction of learned trial Court for his appearance before that Court on each and every date of hearing and whenever called upon to do so till the completion of the trial.Bail Application allowed. *******