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 has been filed, in which it is contended that the petitioner is involved in a heinous crime and, as such, he does not deserve to be enlarged on bail. It is further contended that admitting the petitioner to bail would cause grave prejudice to the case of the prosecution as the trial is yet to begin and the statement of the prosecutrix is yet to be recorded. It is also contended that in case petitioner is admitted to bail, he may intimidate or influence the prosecution witnesses, particularly the prosecutrix who is a minor girl.

4. I have heard learned counsel for the parties and perused the record of the case.

5. The facts emerging from the charge sheet filed against the petitioner and co-accused before the trial court, a copy whereof has been placed on record by the petitioner, are that on 29.07.2021, the complainant, the father of the victim, lodged a written report before Police Station, Kulgam alleging therein that his daughter has been kidnapped by the accused including the petitioner herein and that the accused had attempted to commit rape upon her. On the basis of said report, FIR No.183/2021for offences under Section 363, 376 511, 323 IPC and Sections 7/8 of POCSO Act was registered by Police Station, Kulgam, and investigation of the case was set into motion, whereafter charge sheet came to be filed against the accused including the petitioner herein before the trial court.

6. As per contents of the charge sheet, on the fateful day at about 9.00AM, the victim girl left her house for her school. At about 12.30 PM, the victim, a minor girl, started to proceed back towards her home but on the gate of the school, accused confronted her and asked her to board a red coloured Swift vehicle which was resisted by the victim where-after she was forcibly made to sit in the vehicle and kidnapped from there. It is further alleged in the charge sheet that the accused tried to commit rape upon the victim, outraged her modesty and gave a beating to her resulting in injuries to her. The charge sheet goes on to allege that when the victim raised alarm, the accused left her on Bye-pass Road near Chawalgam. During investigation of the case, the victim was subjected to medical examination and her statement and that of her father were recorded before the Magistrate under Section 164 of Cr. P.C. After investigation of the case, offences under Section 363, 376 511, 323 IPC and Sections 7/8 of POCSO Act were found established against the accused persons including the petitioner herein.

7. Before coming to merits of this case, legal position about the matters to be considered for deciding a bail application are required to be noticed. These are as under:

(i) Whether there is any prima facie or reasonable ground to believe that the accused has committed offence;

(ii) Na