1. This application has been filed u/s 498 Cr.PC for admitting the petitioner to bail in F.I.R No. 66/2018, registered at Police Station, Rajpora, Pulwama, for the offences punishable u/s 376 and 506 Ranbir Penal code. It is submitted that the petitioner was arrested on 14-09-2018 in the said FIR and the Challan has been presented on 12-11-2018 before the Court of learned Judicial Magistrate, Pulwama, and the same was committed for trial to the Court of learned Additional Sessions Judge, Pulwama.

2. It is further averred in the application that this Hon’ble Court, while entertaining the petition filed by the petitioner u/s 561-A, bearing No. CRMC 457/2018, stayed the proceedings vide order dated 03-12-2018. It is stated that in view of the protraction of proceedings coupled with the incarceration of the petitioner and non-availability of the Presiding Officer in the Court below on account of his leave for two weeks, indulgence of this Court is sought for consideration of the bail application.

3. The applicant has further stated that the allegation levelled in the impugned FIR against him is that he has cheated the prosecutrix, who is 29 years of age, by breaking the promise of marrying her after consensual physical intimacy. The prosecutrix, being major, has succeeded, by police padding, to falsely implicate the petitioner. The material produced in this regard does not corroborate with the allegations. The petitioner has further stated that the FIR has been registered after a period of ten days from the date of alleged occurrence, which is shown to be 30-07-2018. Two more occurrences on the dates, viz. 16-06-2018 and 25-06-2018, have been investigated disclosing the offence u/s 376 Ranbir Penal code. The investigating agency has registered the case for delayed occurrence and the explanation tendered by the prosecutrix is without any credibility.

4. It is further submitted that because of no ocular or medical evidence to substantiate the claim of violence against the prosecutrix by the petitioner, the institution and commencement of proceedings, that too, where there are no prospects of conviction, the trial has been stayed. It is further pleaded that due to the extraneous considerations and misuse of the power of the police and abuse of process of law, the provisions of the 498 Cr.PC for grant of bail are attracted. Further the allegations in the FIR do not disclose the offence u/s 376 Ranbir Penal code and it best constitutes breach of promise to marry. It is also not shown that the consent has been obtained by force. No material whatsoever collected by the investigating agency connects the petitioner with the commission of alleged offence.

5. It is further pleaded that the case has been conducted by the Dy. SP, Pulwama, whereas the occurrence has taken place at Srinagar. The investigation of the case is most cryptic and without jurisdiction and cannot be countenanced in law. The petitioner has further stated that the investigation has been concluded and there being no chance of tampering with the evidence, the petitioner deserves to be enlarged on bail. It is further pleaded that the investigating agency has recorded two statements from the prosecutrix on two different date’s u/s 164-A Cr.PC. The first one, which has been recorded on 06-09-2018 is sought to be supplemented by the statement recorded on 03-10-2018 rendering the credibility of both the statements doubtful. These statements, recorded u/s 164-A Cr.PC, are not admissible in evidence and are liable to be discarded. Besides there are no ingredients in the statements made by the prosecutrix which constitute offence u/s 376 Ranbir Penal code. In the end, it is prayed that the petitioner be admitted to bail in F.I.R No. 66/2018, registered at police station, Rajpora, Pulwama. To support the contention pleaded in the petition, the learned counsel for the applicant has placed reliance on the judgement of the apex Court rendered in case Pradeep Kumar versus Sta