ORDER

This is first bail application filed by applicant under Section 439 of Cr.P.C. for grant of regular bail relating to FIR No.335/2023 registered at Police Station-Kotwali, District-Burhanpur (M.P.) for the offence punishable under Sections 363, 366-A, 376(3), 376(2)(n) of the IPC and Section 5(L)/6 of the POCSO Act.

2. Learned counsel appearing for the applicant submitted that applicant is in jail since 30.09.2023. Applicant and prosecurtix are teenager. Prosecurtix is aged between 16-18 years. Applicant is innocent and has falsely been implicated in the case. Applicant is first time offender with no criminal record. In these circumstances, applicant may be enlarged on bail.

3 . Learned Government Advocate appearing for the respondent/State opposed the bail application and submitted that prosecutrix is minor.

4. Heard the counsel for the parties.

5. Considering aforesaid circumstances of the case and also statement of prosecutrix recorded under Section 164 of the Cr.P.C., applicant is first time offender with no criminal record, bail application filed by the applicant is allowed .

6. It is directed that the applicant shall be released on bail on his furnishing person