JUDGMENT :

Sanjay Dhar, J.-Petitioner has filed the instant petition under Section 439 Cr. P. C seeking bail in FIR No.183/2021 for offences under Section 363, 376 511, 323 IPC and Sections 7/8 of POCSO Act registered with Police Station, Kulgam.

2. It is contended that a false and frivolous FIR has been registered against the petitioner and that he is not involved in any offence. It is further averred that the petitioner had approached the Court of learned Sessions Judge, Kulgam, for grant of bail but the learned Sessions Judge has rejected his bail application. According to the petitioner, co-accused has been enlarged on bail by this Court in terms of order dated 06.10.2021 passed in Bail App No.92/2021 and, as such, on the ground of parity, petitioner is entitled to grant of bail. It is also contended that an accused is presumed to be innocent until proved guilty and, as such, the petitioner, who is alleged to have committed the offences which are not punishable with death sentence and imprisonment for life, deserves to be enlarged on bail and that refusal to grant bail would amount to inflicting of punishment upon him without trial.

3. Reply on behalf of the respondent -State h