ORDER

This is first bail application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of regular bail relating to FIR/Crime No.226/2023 dated 09.08.2023 registered at the Police Station - Jawar, District Sehore for the offence under Sections 363, 366, 343, 376(2)(n), 376 and 376(3) of the IPC and under Section 5/6 of the POCSO Act.

2. Learned counsel for the applicant contends that the statement of the prosecutrix as well as her parents have been recorded and all of them have turned hostile. The prosecutrix and her parents have not supported the allegations, which is evident from the statements which have been brought on record. It is also contended by the learned counsel, that the prosecutrix has also denied that her date of birth is 04-10-2009. It is thus, contended by the learned counsel that in view of the statements of the prosecutrix and her parents, the applicant deserves to be enlarged on bail. He is in custody since 13-08-2023.

3. The prayer for grant of bail to the applicant is opposed by the learned counsel for the State.

4. Considering the totality of the circumstances and also taking into consideration the statements of the pr