This is the first application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail relating to FIR No. 108 of 2024 registered at Police Station Sheher Bashoda, District Vidisha (M.P.) for the offence under Sections 363, 376 added 366, 376 (3), 344 of IPC and section 3/4 of POCSO Act.

Learned counsel for the applicant argued that applicant is innocent and h a s been falsely implicated. Allegedly, the prosecutrix got missing on 11/02/2024 and was recovered on 18/02/2024. Thereafter, her statement under section 161 and 164 of Cr.P.C. have been recorded. It is further argued that prosecutrix in her statement recorded under section 164 of Cr.P.C. has made no allegation against the applicant and has not supported the case of the prosecution. However, learned trial court on the basis of statement recorded under section 161 of Cr.P.C. dismissed the application of the applicant. In view of contradictory statements of the prosecturix especially when the case is not medically supported and no definite opinion about commission of rape has been given by the Doctor concerned, the entire prosecution story becomes doubtful. The applicant has no criminal antecedents. It is