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S. No. 259
HIGH COURT OF JAMMU AND KASHMIR
AT JAMMU
(Through Video Conferencing)
Bail App No. 239/2020
CrlM No. 1486/2020
CrlM No. 1487/2020
in
CRM(M) No. 395/2020
CrlM No. 1481/2020
CrlM No. 1482/2020
Sahil Khan …Appellant/Petitioner(s)
Through :- Mr. Irfan Khan, Advocate
v/s
Union Territory of JK
‘t
…..Respondent (s)
Through :- Mr. Vishal Bharti, Dy. AG
Coram: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE
ORDER
01.07.2021
Bail App No. 239/2020
CrlM No. 1486/2020
CrlM No. 1487/2020
The present bail application has been filed by the petitioner seeking bail
in anticipation of his arrest in FIR bearing No. 455/2020 dated 25.08.2020 lodged by
the prosecutrix with the Police Station, Udhampur for commission of offence under
It is stated in the bail application that the petitioner has been working
as a Pizza Delivery Boy and prosecutrix has lodged false and frivolous FIR against
the petitioner. It is further stated that the prosecutrix is a habitual litigant and is in the
habit of filing similar type of complaints. It is further case of the petitioner that the
petitioner was granted bail in anticipation of arrest by the court of learned Additional
Sessions Judge, Udhampur vide order dated 26.09.2020 after getting the detailed
report from the concerned Police Station but later on the same was cancelled by the
2 Bail App No. 239/2020
learned court vide order dated 04.11.2020 only after the prosecutrix made a
complaint before the court against the petitioner that the petitioner has been
threatening her as well as the witnesses. The petitioner has placed on record the
photographs, copy of the compromise, copy of order dated 26.09.2020 for granting
anticipatory bail to the petitioner as well as order dated 04.11.2020 (supra) by virtue
of which the bail granted to the petitioner was cancelled and his bail application was
dismissed.
Status report stands filed by the respondent, in which it is stated that the
offence committed by the petitioner is very heinous and is threat to the society. It is
further stated that the Investigating Officer has prepared the site plan and has
recorded the statement of the complainant before the Magistrate but the complainant
has refused to undergo medical examination.
Mr. Irfan Khan, learned counsel for the petitioner has vehemently
argued that the prosecutrix has never approached the Investigating Officer regarding
violation of any condition imposed by the trial court upon the petitioner while
granting anticipatory bail but she was interested in cancellation of bail of the
petitioner that is why she approached the learned trial court for cancellation of the
bail and further the learned Additional Sessions Judge, Udhampur did not call for
any report from the Investigating Officer with regard to the violation of the
conditions imposed by the court while granting bail. He further contended that the
petitioner has never advanced any threats either to the prosecutrix or the witnesses.
Mr. Vishal Bharti, learned Dy.AG appearing for the respondent has
vehemently argued that once the petitioner was granted concession of bail by the
Additional Sessions Judge, Udhampur, he was expected to comply the conditions
imposed by the court but his conduct reveals that he has no respect for law. It was
3 Bail App No. 239/2020
further submitted by Mr. Bharti that the prosecutrix had made compliant before the
I/O with regard to the threats advanced by the petitioner.
Heard and perused the record.
From the record, it is evident that the court of Additional Sessions
Judge, Udhampur vide order dated 26.09.2020 after calling and examining the
detailed status report submitted by the Police Station, Udhampur in FIR No.
455/2020 (supra) under section 376 IPC, granted the interim bail in anticipation of
arrest to the petitioner, however, later on, on the motion of the prosecutrix, learned
Additional Sessions Judge, Udhampur has cancelled the bail. It is not forthcoming
either from the response filed by Mr. Vishal Bharti, learned Dy. AG or from the
status report submitted by the Investigating Officer that the prosecutrix at any point
of time had made any complaint to the Investigating Officer with regard to the
threats advanced by the petitioner to herself or to the witnesses and further the
Investigating Officer at any point of time approached the trial court for withdrawing
the concession of interim bail granted to the petitioner.
In view of the peculiar facts and circumstances of the case and
particularly in view of the fact that the petitioner was granted anticipatory bail after
detailed analysis of the prosecution case by the Additional Sessions Judge,
Udhampur, this Court is of the considered opinion that the petitioner deserves to be
granted interim protection from arrest.
In that view of the matter, it is ordered that in the event of arrest of the
petitioner/applicant, he shall be released on interim bail till next date on the
following conditions:
(i) subject to furnishing of two solvent sureties to the tune of Rs. 50,000/-
each to the satisfaction of Investigating Officer and personal bond of
the like amount.
4 Bail App No. 239/2020
(ii) he shall not make any attempt to contact with any of the prosecution
witnesses during bail either physically or through any other mode.
(iii) he shall appear before the Investigating Officer from 03.07.2021 till
09.07.2021 from 10.00 AM to 04.00 PM.
(iv) he shall not leave the territorial jurisdiction of District, Udhampur
without prior permission of this Court.
In the event of violation of any of the conditions mentioned above, the
respondent can lay a motion before this Court for cancellation of bail of the
applicant/petitioner.
Mr. Vishal Bharti, learned Dy. AG shall file a detailed status report
before the next date of hearing with regard to the compliance of the conditions by the
petitioner, imposed by this Court today.
List on 12.07.2021.
CRM(M) No. 395/2020
CrlM No. 1481/2020
CrlM No. 1482/2020
Mr. Vishal Bharti, learned Dy. AG shall file a detailed status report with
regard to the status of the investigation.
List as above.
(RAJNESH OSWAL)
JUDGE
JAMMU
01.07.2021
Rakesh