JUDGMENT

Deepak Kumar Agarwal, J. - Learned counsel for the rival parties are heard.

2. This is the first application u/S.439 Cr.P.C filed by the applicant for grant of bail.

3. The applicant was arrested on 29.11.2022 by Police Station- Gijorra District- Gwalior (M.P.) in connection with Crime No.146/2022 for the offence punishable under Sections 342, 363, 376 of IPC and 5, 6 of POCSO Act.

4. In brief, case of the prosecution is that on 24.11.2022 at 2:31 pm, prosecutrix aged about 14 years lodged an FIR at Police Station Gijorra District Gwalior against present applicant accused that on 20.11.2022 in the night at 11 pm, she was sleeping near her mother on a cot. Her neighborer present applicant accused who is her family member knocked the door. She awoke and opened the door. Thereafter present applicant-accused caughthold of her hand and pulled her and committed sexual intercourse with her shutting her mouth and locked her in a room. Thereafter on 21.11.2022 at 8 pm present applicant opened the lock and took out the prosecutrix. Afterwards prosecutrix went to the house and narrated the story to her mother, brother and Phoopa. On her report, crime No. 146/2022 for the offence punishab