JUDGMENT

Vishal Dhagat, J. - This is first bail application filed under Section 439 of Cr.P.C. on behalf of applicant, who is in jail since 28.08.2022 in connection with Crime No. 361/2022, registered at Police Station Moghat Road, District Khandwa (M.P.) for the offence punishable under Sections 363, 366, 376(1), 450, 419 & 506 of IPC and Section 3/4 of POCSO Act.

2. Learned counsel appearing for the applicant submitted that prosecutrix is aged about 16 years and 09 months. She is sufficiently mature to understand consequence of her act. It is further submitted that the applicant and prosecutrix were having an affair with each other. Prosecutrix was a consenting party. Investigation is complete and charge-sheet has already been filed. In these circumstances, applicant be released on bail.

3. Learned Deputy Government Advocate appearing for the State opposed the application for grant of bail. It is submitted by him that prosecutrix is minor a n d consent is immaterial. Considering the seriousness of offence bail application be dismissed.

4. Heard the counsel for the parties.

5. Considering the fact that applicant is a 22 years young man and prosecutrix has crossed the age of 16 years an