ORDER :

Sanjay Kumar Gupta, J.

1. The applicant-Zabeer Hussain Shah, who is an under trial accused in a case FIR No. 12/2017 dated 25.03.2017 registered with Women Police Station, Rajouri for commission of offences under Sections 376/363/109 RPC pending before the learned Court of Additional Sessions Judge, Rajouri, has filed the present application for grant of bail.

2. In the application, it is stated that police has presented the challan vide Final Report/Charge Sheet No. 31/2017 dated 28.09.2017 before the learned Court of Additional Sessions Judge, Rajouri and arrayed 14 witnesses and out of them statement of 05 witnesses including the prosecutrix has been recorded and prosecutrix during the examination has stated nothing against the applicant and that whatever has been stated by the prosecutrix does not inspire confidence of the court. It is stated that the prosecutrix in her statement has categorically stated that there is land dispute between the family of the applicant and her family, and the entire prosecution story is based on surmises and conjectures.

3. Learned counsel for the applicant states that on 04.08.2018 applicant moved an application for grant of bail before the court of Additional Sessions Judge, Rajouri, however the same has been dismissed on 22.10.2018.

4. During the course of arguments, learned counsel for the applicant relied upon the decisions of the Hon'ble Supreme Court reported in 2001 AIR (SC) 1444, Prahlad Singh Bhati vs. N.C.T., Delhi and another; 2012 (1) SCC (Cri) 26, Sanjay Chandra vs. CBL Reliance is also placed on the judgments of this Court bearing BA No. 41/2017, Rattan Singh vs. State of J&K, decided on 23.08.2017; BA No. 12/2017, Maj. Anoop Kumar vs. State of J&K, decided on 23.02.2017; BA No. 66/2016, Jatinder Singh and Ors. vs. State of J&K, decided on 17.03.2017; and BA No. 147/2017, Mohd. Shabir vs. State and Ors., decided on 12.10.2017.

5. Status report has been filed by respondents, wherein it has been stated that on 25.03.2017, complainant, namely, Abdul Aziz S/o. Mohd. Din R/o. Dhangri, Tehsil & District Rajouri, lodged a written report at Women Police Station, Rajouri against Zabir Hussain Shah, Zaheer Hussain Shah, Talib Husain Shah and Channa Bi. In the complaint, complainant has alleged that his granddaughter, namely, Tasalat Kouser is missing since 11.03.2017 and her missing report was entered in daily diary of Women Police Station, Rajouri on 15.03.2017. In the status report, it is stated that during search, it has been found that she has been kidnapped by one Zabeer Hussain Shah with the conspiracy of other alleged accused persons mentioned above. On this written report of complainant, FIR No. 12/2017 under Sections 363/109 RPC got registered at Women Police Station, Rajouri and investigation commenced. It is further stated in the status report that during the course of investigation, Police party recovered the missing girl, conducted the medical examination and also obtained the medical opinion from the District Hospital, Rajouri, prepared site plan, recorded the statement of complainant and other witnesses under Section 161 Cr.P.C. Investigating Officer also produced the prosecutrix before the court for recording her statement under Section 164-A Cr.P.C. After completing all legal formalities, Investigating Officer proved and established the offence under Sections 363/376 RPC against Zabir Hussain Shah and offence under Sections 376/363/109/RPC is fully proved and established against Talib Hussain Shah and Mst. Channa Bi. It is further stated that Zahir Hussain Shah was not found involved in the commission of crime and his name has been dropped from the instant case. Two accused persons, namely, Talib Hussain Shah and Mst. Channa Bi were bailed out by the order of court below and Zabir Hussain Shah was absconded since after the commission of crime for which proceedings under Section 512 Cr.P.C. were initiated. Charge-sheet in the instant case was produced in the court of la