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Jammu & Kashmir High Court

Jaffar Rashid Sheikh vs Union Territory Of J&K And Another ... on 24 March, 2020

Author: Sindhu Sharma

Bench: Sindhu Sharma

                                                                     S. No. 164



                       HIGH COURT OF JAMMU AND KASHMIR
                                AT JAMMU

                                                       Bail App. No. 43/2020




Jaffar Rashid Sheikh                                   ...Applicant/Petitioner(s)

                               Through: Mr. M. P. Sharma, Advocate

                         V/s

Union Territory of J&K and another               ...Non-applicant/Respondent(s)

                               Through:

CORAM:          HON'BLE MRS. JUSTICE SINDHU SHARMA, JUDGE

                                      ORDER

01. Applicant seeks grant of bail in FIR No. 0027 registered in offences under section 346, 417, 506 and 120-B IPC. It is submitted that applicant has solemnized marriage with the complainant on July 19, 2017 in accordance with Muslim Personal Law.

02. It is further submitted that some misunderstanding arose between the two which resulted in filing of application under section 156(3) for registration of offence under section 376, 417, 207 and 120-B IPC before the Court of Learned Chief Judicial Magistrate, Kishtwar. Subsequently an FIR No. 0027 dated 26.02.2020 was registered for the said offence against the applicant, his mother- Akhtra Begum and his first wife-Heena Kousar. It is further submitted that even in her application under section 156(3) complainant has admitted that she is married to the applicant. Complainant has appeared in person and stated that she is married with the applicant and has no grievance against him.

03. Notice to the respondent-State. Objections if any be filed by or before next 2 BA No. 43/2020 date of hearing.

04. List on 19.05.2020.

05. Meanwhile, in the interim, applicant is released on bail subject to furnishing of personal and surety bond each of Rs. 15,000/- to the satisfaction of the Magistrate concerned subject to the condition that he will not temper with the evidence and he shall not impede the course of investigation in any manner.

06. Considering the present circumstance, the copy of this order as downloaded from the internet (e-court) shall be considered as certified copy.

(Sindhu Sharma) Judge Jammu 24.03.2020 SUNIL-II SUNIL KUMAR 2020.03.27 16:14 I attest to the accuracy and integrity of this document