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Jammu & Kashmir High Court

Jaseer Ahmad And Others vs Union Territory Of J&K And Another on 16 April, 2021

Author: Sanjay Dhar

Bench: Sanjay Dhar

                                      h475




                                                                  S.No.111
             HIGH COURT OF JAMMU AND KASHMIR
                          AT JAMMU
                   (through video conferencing)

                                                Bail App No.101/2021




Jaseer Ahmad and others                                        ...Petitioner(s)

                           Through:-Mr. Gagan Basotra, Sr. Advocate with
                                    Mr. Rajesh Raina, Advocate


      V/s
Union Territory of J&K and another                          ...Respondent(s)
                          Through:-

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

                                      ORDER

Through the medium of instant petition the petitioners are seeking bail in anticipation of their arrest in FIR No.10/2021 for offences under Section 498-A, 376, 377, 382, 342, 232 & 109 IPC of Police Station, Women Cell, Rajouri.

It has been contended by the learned Senior Counsel appearing for the petitioners that the complainant in the FIR, who happens to be the wife of petitioner No.1 has made false allegations against the petitioners, thereby turning the matrimonial discord into a criminal case thereby involving the petitioners in heinous offences including the one under Section 376 IPC. It has been further contended by the learned counsel that even as per the contents of the FIR, there are no allegations of rape made against the petitioners except petitioner No.2. According to the petitioners, the allegations made in the FIR, on the face of it, are improbable.

I have heard learned Senior Counsel appearing for the petitioners and I have gone through the contents of the FIR.

Issue notice to the respondents through Mr. Aseem Sawhney, learned AAG.

Having regard to the nature of allegations made in the FIR and the roles attributed to the petitioners coupled with the fact that petitioners No. 3 to 8 are ladies, a case for grant of ex-parte interim relief is made out in favour of the petitioners except the petitioner No.2.

Accordingly, it is directed that petitioners No. 1 and 3 to 8 in the event of their arrest in the subject FIR shall be released on bail subject to the following conditions:-

i) That they shall execute personal bond with one surety in the amount of Rs.50,000/- each to the satisfaction of the concerned I.O.

ii) That they shall cooperate with the investigating agency and shall not tamper with the prosecution witnesses.

iii) That they shall not leave the limits of Union Territory of Jammu and Kashmir without the permission of the concerned I.O.

iv) That in case they fail to comply with any of the aforesaid conditions, the concession of bail shall stand withdrawn.

The aforesaid order shall remain in force till next date of hearing before the Bench.

List on 05.05.2021.

(Sanjay Dhar) Judge Jammu 16.04.2021 Vinod.