JUDGMENT :

Sanjay Dhar, J.

1. Petitioner has filed the present petition under Section 439 of Cr.P.C. seeking bail in FIR No.11/2021 for offences under Section 363, 376 IPC and 3/4 POCSO Act registered with Police Station, Rajbagh, Srinagar.

2. It is averred in the petition, that the prosecutrix in her statement recorded under Section 164 Cr.P.C., during the investigation of the case, has not 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 31.07.2021, on the ground, that the allegations against the petitioner are serious in nature and that no sufficient grounds exist for granting bail to him.

3. The bail application has been resisted by the respondents by filing reply thereto. In their reply respondents have submitted that, on 02.03.2021, Police Station Rajbagh Srinagar, received a written complaint from one, Mohammad Sultan Lone, the father of the prosecutrix, that his daughter has been kidnapped by some unknown person with intention to commit rape upon her. Thus, FIR No. 11 of 2021, for offences under Section 363 and 376 IPC, was