JUDGMENT :

Sanjay Dhar, J.

1. Through the medium of instant petition filed under Section 439 Cr. P. C, the petitioner has sought bail in FIR No. 83/2021 for offences under Section 363, 376 IPC and Section 4 of POCSO Act registered with Police Station, Batamaloo, Srinagar.

2. It is contended that the petitioner has been falsely implicated in the aforesaid FIR and that there is no material on record of the charge sheet that would even remotely suggest the involvement of the petitioner in the alleged crime. It is further averred that the petitioner had approached the learned Special Court for grant of bail but his application was rejected vide order dated 31.07.2021 on the ground that the investigation of the case is still under progress and that there is statutory presumption of guilt of accused until contrary is proved.

3. The petitioner contends that the challan has already been filed before the Special Court and that the material on record of the challan, prima facie, shows that the petitioner is not involved in the alleged crime.

4. The bail application has been resisted by the respondent by filing objections thereto. In their objections, the prosecution, has narrated the incident whi