JUDGMENT :

Javed Iqbal Wani, J.

The petitioner through the medium of instant application seeks bail in FIR No. 88/2021 dated 23.08.2021 registered with Police Station Pantha Chowk for commission of offences punishable under Sections 363, 376 IPC and Section 3/4 of POCSO Act.

2. According to the prosecution version, on 23.08.2021 the complainant victim namely “X” accompanied by her father filed a written complaint in the Police Station to the effect that on evening of 20.08.2021 complainant along with her mother went to attend the Moharam/Alam Sharief procession and due to huge gatherings/rush of the people she got separated from her mother and taking advantage of the same as also of the darkness, she was kidnapped by two persons namely Mubarak Ali Wani S/o Mohd Amin Wani R/o Balhama and Majid Ahmad Sofi S/o Gh Mohd Sofi R/o Balhama, and was taken to an unknown place and that she was made unconscious by forcing her to take a drink and thereafter rape was committed upon her and on next morning on regaining consciousness, she saw her clothes stained with blood and that she thereafter went to her friend’s home where her parents also came and she narrated whole incident to them.

3. Upon