JUDGMENT :

Sanjay Dhar, J.-Petitioner has filed the instant petition under Section 439 Cr. P. C seeking bail in a case emanating from FIR No.16/2021 for offences under Section 376, 506 IPC and Section 4 of POCSO Act registered with Police Station, Qalamabad.

2. It is contended in the application that petitioner (accused No.2 in the challan) is facing trial for offences under Section 376, 506 IPC and Section 4 of POCSO Act before the Court of Principal Sessions Judge, Kupwara. According to the petitioner, statements of the prosecutrix, her mother and her sister, who happen to be the material witnesses, have been recorded and as per the evidence led by the prosecution, no case has been established against the petitioner. It is averred that the petitioner moved an application for bail before the Special Court i.e. the Court Principal Sessions Judge, Kupwara, but the same was dismissed without appreciation of material on record. It is further contended that the petitioner is in custody for the last more than six months without there being any material against him. The petitioner has undertaken to abide by all conditions that may be imposed by this Court in case he is admitted to bail.