JUDGMENT :

[MILIND N. JADHAV, J.]

1. This bail Application is filed under Section 439 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) for grant of regular bail by Applicant. He is incarcerated since 15.08.2023 in C.R. No.246 of 2023 for offences punishable under Sections 363, 376(2) (f) (j) (n) and 376(3) of the Indian Penal Code, 1860 (for short ‘IPC’) and under Sections 4, 6, 8 of the Protection of Children from Sexual Offences Act, 2012 (for short ‘POCSO’). First Informant prosecutrix is the cousin sister of Applicant.

2. Date of incident is between April and May 2023. There are three incidents alleged by prosecutrix. Prosecutrix was 14 years and 6 months old whereas Applicant – Accused was 20 years old on the date of incidents. Prosecutrix is an orphan. Three years prior to the incidents in question, she and her younger sister (two years younger) came to live with the family of the Applicant. Applicant’s father and prosecutrix’s father are brothers. Place of incident is the residential house of Applicant being Room No.311, Building No.5, MHADA Colony Bhakti Park, Wadala, Mumbai – 37. Prosecutrix, Applicant, Applicant’s two elder brothers, younger sister of prosecutri