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HIGH COURT OF JAMMU AND KASHMIR
Reserved on 03.06.2021
Pronounced on 30.06.2021
Bail App No. 30/2021
Ghulam Mohammad Sheikh …Petitioner/Applicant(s)
Through :- Mr. Waseem Ramzan Lone, Advocate
Union Territory of JK and another
Through :- Mr. Sajad Ashraf, GA
Mr. Shah Ashiq Hussain, Advocate for
Coram: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE
1. The petitioner, who was apprehending arrest in FIR bearing No.
10/2021 registered with Police Station Beerwah, for commission of
was granted interim bail with a direction to him to appear before the
Investigating Officer for three consecutive days. The said bail
application was filed by the petitioner on the ground that the son of the
petitioner has solemnized the marriage with the girl against the wishes
of her parents and as a result of which the father of the said girl lodged
a false and frivolous FIR against the son of the petitioner and also
against the petitioner. The petitioner further stated in the bail
application that the son of the petitioner has filed a suit for restitution
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of conjugal rights in the court of learned Munsiff, Beerwah against his
wife and her father and in support thereof, the petitioner has placed on
record a copy of the suit, copy of nikah nama and also the marriage
agreement dated 28.01.2021 executed between the son of the petitioner
and the daughter of the complainant.
2. Status report stands filed by the respondents in which it has been stated
that on 28.01.2021 one Ghulam Mohammad has lodged a written
complaint to the effect that his daughter aged about 22 years left her
home on 26.01.2021 and did not return back and during search he
came to know that his daughter has been kidnapped by one Shahid
Ahmad Sheikh and on the basis of information, FIR bearing No.
10/2021 for commission of offence under section 366 IPC was
registered and during the investigation statement of the witnesses were
recorded and section 109 IPC was also added. On 09.02.2021, Basit
Ahmad Sheikh was arrested under section 109 IPC who was later on
bailed out by the Court and on 18.02.2021 the abductee was recovered
from the possession of accused Shahid Ahmad Sheikh, i.e. son of the
petitioner. The Abductee was medically examined and as per the
medical certificate, section 376 IPC was proved and the statement of
the prosecutrix was also recorded under section 164 Cr.P.C. on
23.02.2021 and as per the statement, section 109 IPC was proved
against the Ghulam Mohammad Sheikh, petitioner herein. It is further
stated that on 09.03.2021, the Police Party tried to apprehend the
petitioner but he fled away from spot and left his vehicle and the said
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vehicle was seized and was put under safe custody within the Police
Station. It is also stated in the response that on 19.03.2021, the
petitioner approached the Police Station and produced the bail order
before the Investigating Officer and it is further stated that the main
accused is still at large and has not been apprehended.
3. On 23.03.2021, learned counsel for abductee sought time to file power
of attorney and also sought permission of this Court to intervene.
During the pendency of this bail application, the abductee also filed an
application for early hearing of bail application and placed on record
the FIR bearing No. 38/2021 of Police Station, Beerwah for
the prosecutrix against the petitioner and others.
4. Learned counsel for the petitioner has vehemently argued that the
petitioner has complied with directions of this Court and the petitioner
has been simply roped in by invoking section 109 IPC and there are no
allegations against the petitioner with regard to the commission of
offence under section 376 IPC.
5. On the contrary, learned counsel appearing for the official respondents
has vehemently argued that the petitioner is involved in a heinous
offence, as such, he is not entitled to concession of bail.
6. Learned counsel appearing for the complainant has vehemently argued
that the petitioner has violated the conditions of the bail as when he
was enlarged on bail, he committed an offence for which FIR has been
lodged against the petitioner and others, the copy of which has been
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placed on record. He vehemently argued that the petitioner does not
deserve to be enlarged on bail as the main accused is yet to be arrested.
7. Learned counsel for the petitioner in rebuttal has submitted that the
FIR has been lodged with ulterior motive so as to oppose the bail
application otherwise there is no truth in the same. He further
submitted that the petitioner has been granted bail in the said FIR also.
8. Heard and perused the record.
9. From the record, it is evident that the girl/abductee stands recovered
and FIR bearing No. 38/2021 for commission of offences under
Investigating Officer has not approached this Court for cancellation of
interim bail granted to the petitioner because of the violation of any of
the condition imposed by the Court. The subsequent FIR lodged by the
prosecutrix is subject to investigation and at present there is no report
from the Investigating Officer that the petitioner is guilty of violating
the conditions imposed by this Court while granting bail as such this
Court is of the considered opinion that the interim bail granted to the
petitioner vide order dated 18.03.2021 is required to be made absolute
in view of the facts and circumstances of the case. Needless to mention
here that the abductee has not taken any stand with regard to the filing
of the suit and the documents annexed with the suit.
10. In view of the above, the interim bail granted to the petitioner is made
absolute on the same terms and conditions. However, the Investigating
Officer shall be at liberty to approach this Court for cancellation of the
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bail in the event of any violation of the terms and conditions of the bail
imposed by this Court while granting bail.
11. Disposed of.
Whether the order is speaking: Yes/No
Whether the order is reportable: Yes/No