JUDGMENT Atul Sreedharan, J. - This is the first application under Section 439 of Cr.P.C. on behalf of the applicant, who is in jail since 24/10/2022, in connection with Crime No.698/2022 registered at Police Station: Kotwali, District Ashoknagar (M.P.) for the offence under Sections 376(1), 376(2)(n)(f) of IPC and Sections 3/4, 5(1)(n)(j)(ii)/6 of POCSO Act. 2. Th e applicant is in judicial custody since 24/10/2022 in the aforementioned case. The charge against him is of having raped the 16 year old girl. The applicant himself is of 21 years. 3. The statement of the prosecutrix under Section 164 of Cr.P.C. has been read out by the learned counsel for the State while opposing the application for grant of bail. The statement reflects a case of consent. She says that she entered into a voluntary relationship with her brother-in-law on 10/08/2022 and thereafter on account of conceiving and falling ill, and after the pregnancy having been detected, the FIR was registered on 22/10/2022 against the applicant herein. 4. Learned counsel for the applicant submits that this case is one of statutory rape and not a forcible rape as consent is reflected from the statement of the prosecutrix itself recorded under Section 164 of Cr.P.C. 5. Be that as it may, in view of what has been argued, recorded and considered by this Court herein above, the application is allowed. It is directed that the applicant shall be enlarged on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the learned trial Court. C.C. As per rules.