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Jammu & Kashmir High Court

Nissar Hussain & Ors vs Ut Of J&K Th. Incharge Police Station ... on 21 June, 2021

Author: Sanjay Dhar

Bench: Sanjay Dhar

 Item No. 105
 Before notice

                  IN THE HIGH COURT OF JAMMU AND KASHMIR
                                  AT JAMMU
                           (THROUGH VIRTUAL MODE)
                                Bail App No. 151/20221
                                 CrlM No. 986/2021.
        Nissar Hussain & Ors.
                                                               ...Appellant (s)
                 Through:   Mr. Shafiq Chowdhary, Advocate.

                                         Vs
        UT of J&K th. Incharge Police Station Domana Jammu & Anr.
                                                         ...Respondent(s)
                 Through:

CORAM:                Hon'ble Mr. Justice Sanjay Dhar, Judge
                                   ORDER

21.06.2021 Petitioners in the instant petition are seeking bail in FIR No. 141/2021 for offence under section 452, 323, 504, 506 and 34 IPC registered with Police Station Domana Jammu.

It is contended by the learned counsel for the petitioners that the aforesaid FIR has been lodged by the complainant against them as counter blast to the FIR no. 130/2021 lodged by the petitioners against the said complainant. The petitioners have placed on record the copy of the aforesaid FIR. It is further contended by the learned counsel for the petitioners that the instant FIR has been lodged by the complainant just to wreak vengeance upon the petitioners and that the allegations made against them in the FIR are false and frivolous.

I have heard the learned counsel for the petitioners and having perused the material on record. A prima facie case for grant of interim indulgence is made out.

Issue notice to the respondents. Notice to the respondent No.1 through Mr. Aseem Sawhney, learned AAG. Notice to the respondent No.2 through concerned police Station.

Till next date of hearing before the Bench, it is directed that in the event of arrest of petitioners in the FIR bearing No. 141/2021, they shall be released on bail subject to the following conditions:

1. They shall furnish furnish surety bond to the tune of Rs. 50,000/- and personal bond of like amount to the satisfaction of the Investigation Officer.
2. They will remain available to the Investigating Officer for investigation purposes, as and when required.
3. They will not in any manner impede the progress of investigation.
4. They shall not leave the territorial limits of UT of J&K without permission of the IO concerned.

List on 12.07.2021 along with CRM (M) No. 311/2021.

(Sanjay Dhar) Judge SRINAGAR 21.06.2021 Showkat SHOWKAT HASSAN KHAN 2021.06.22 14:24 I attest to the accuracy and integrity of this document