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Jammu & Kashmir High Court

Manjeet Singh vs Ut Of J&K on 16 September, 2022

Author: Sanjay Dhar

Bench: Sanjay Dhar

                                                                       Sr. No. 87




          HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                          AT JAMMU
                                 Bail App No. 294/2022
                                 CrlM No. 1432/2022

Manjeet Singh                                         .....Appellant(s)/Petitioner(s)

                         Through: Mr. Mehtab Gulzar, Advocate

                   Vs

UT of J&K.                                                       ..... Respondent(s)

                         Through: Mr. Suraj Singh, GA

Coram: HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE

                                      ORDER

The petitioner has sought regular bail in FIR No. 0127/2022 for commission of offences under Sections 354-D(1) IPC and 66-E, 67, 67-A of IT Act lodged with police station, Arnas.

It is submitted by learned counsel for the petitioner that the petitioner is in jail for more than one month and that the investigation of the case is almost complete. Learned counsel has also submitted that a bare perusal of the FIR would reveal that the complainant is not even sure as to whether the petitioner has uploaded the alleged morphed video of the complainant. It is further contended that in offence under Section 354-D, maximum punishment of imprisonment of three years is provided and other offences also do not carry punishment beyond seven years and in view of the law laid down in Arnesh Kumar Vs. State of Bihar (2014) 8 SCC 273, the petitioner is entitled to grant of bail but learned Principal Sessions Judge, Reasi has, without considering the aforesaid aspect of the matter, rejected the bail of the petitioner.

Having heard learned counsel for the petitioner and having perused the material on record, a case for grant of interim indulgence is made out.

Issue notice to the respondents.

Mr. Suraj Singh, learned GA accepts notice on behalf of the respondents.

Learned counsel for the petitioner is directed to furnish a copy of the bail application to Mr. Suraj Singh, learned GA, who may file his response by the next date of hearing.

Be listed on 01.11.2022.

In the meanwhile, till next date of hearing, the petitioner shall be released on interim bail, subject to following conditions:-

i. That he shall furnish personal bond in the amount of Rs.

50,000/- with one surety of the like amount to the satisfaction of the I/O. ii. That he shall cooperate with the investigating officer.

iii. That he shall not leave the territorial limits of Union Territory of J&K without prior permission of the I/O. iv. That he shall not tamper with prosecution witnesses.

(SANJAY DHAR ) JUDGE Jammu 16.09.2022 Tarun