Jammu & Kashmir High Court - Srinagar Bench
Bashir Ahmad Ganie And Ors vs U.T Of J&Kand Ors on 3 December, 2021
Author: Sanjay Dhar
Bench: Sanjay Dhar
S. No. 101
Before Notice Matters
HIGH COURT OF JAMMU &KASHMIR AND LADAKH
AT SRINAGAR
Bail App No. 143/2021
Bashir Ahmad Ganie and Ors. .....Petitioner(s)
Through: Mr. Shah Ashiq, Adv.
V/s
U.T of J&KAnd Ors. ..... Respondent(s)
Through:
CORAM:
Hon'ble Mr. Justice Sanjay Dhar, Judge.
ORDER
03.12.2021 Petitioners have sought bail in anticipation of her arrest in FIR No. 183/2021 for offence under Section 363, 376, 109 IPC and Section 4 of POSCO Act of Police Station, Qazigund. It is the case of the petitioners that the respondent No. 3 -the prosecutrix has out of her own will and volition eloped with the main accused namely Umar Bashir and the petitioners have been unnecessarily roped in for aiding and abetting the main accused. It is further case of the petitioners that the prosecutrix has in her statement recorded under Section 164 Cr.PC clearly stated that she has accompanied the main accused out of her own will and volition and that she has not been subjected to sexual assault by any person. On this ground, it is urged that the petitioners have been unnecessarily implicated in the impugned FIR.
Having heard learned counsel for the petitioners and having perused the material available on record, a case for grant of interim indulgence is made out.
AASIF GUL 2021.12.03 23:43 I attest to the accuracy and integrity of this document
Page |2 Bail App. No. 143/2021 Issue notice to the respondents. Notice be sent to respondent No. 1 and 2 through Ms. Asifa Padroo, learned AAG. Notice be sent to respondent No. 3 and 4 through concerned Police Station. Learned counsel for the petitioner shall furnish copy of the application to Ms. Asifa Padroo, learned AAG who may file her response by next date of hearing. Till next date of hearing, in the event of petitioners' arrest in aforesaid FIR, they shall be released on bail subject to following conditions:
i. That they shall furnish personal bond with a surety bond in the amount of Rs. 50,000/- each to the satisfaction of the Investigating Officer. ii. That they shall co-operate with the investigating agency.
iii. That they shall not leave the limits of Union Territory of Jammu and Kashmir except with the prior permission of the I.O concerned. iv. That they shall not try to hamper or tamper with the prosecution evidence in any manner whatsoever.
List along with CRM(M) No. 141/2021 on 7th February, 2022.
(Sanjay Dhar) Judge SRINAGAR 03.12.2021 "Aasif"
AASIF GUL 2021.12.03 23:43 I attest to the accuracy and integrity of this document