JUDGEMENT/ORDER :

1. The petitioner has filed the present petition under Section 439 of the Cr.P.C. seeking bail in FIR No. 78/2021 for offences under Section 363, 376 IPC and Section 4 of POCSO Act registered with Police Station, Nigeen Srinagar.

2. It is contended in the petition, that the prosecutrix neither in her statement recorded under Section 164 CrPC nor in her statement recorded during the trial of the case, has implicated the petitioner. It is also averred that the petitioner had approached the learned Special Court for grant of bail but his bail application was rejected by the said Court in terms of order dated 15.12.2021, without appreciating the law in its correct perspective. It is further contended that the petitioner has been falsely implicated in the case and that in case he is enlarged on bail he will abide by all the conditions that may be imposed by this Court upon him.

3. The bail application has been resisted by the respondent by filing reply thereto. In its reply, the respondent has submitted that, on 28.06.2021, Police Station Nigeen received a written complaint from the father of the prosecutrix alleging therein that his daughter has been kidnapped by the pet