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.386/2024 dated 29.03.2024 registered at Police Station Motinagar, District Sagar for the offences under Sections 363, 366-A, 376(2)(n) of IPC and Section 5/6 of POCSO Act as well as Sections 3(1)(w)(i) and 3(2)(v) of SC/ST Act.

2. The counsel for the applicant submits that the present applicant has not committed any offence and he has been falsely implicated in the present case. It is contended by the counsel that the statement of prosecutrix recorded under Section 164 of Cr.P.C. makes it abundantly clear that the prosecutrix and the applicant were having affair and she came along with the present applicant on her own volition without there being any coercion or threat. It is further contended by the counsel that the applicant is aged about 25 years having no criminal past. It is also contended by the counsel that the present applicant is in custody since 15.04.2024. It is contended by the counsel that previously as well the same prosecutrix had lodged a report against one Nilesh and by the judgment dated 30.08.2022,