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RAJNESH OSWAL
Suresh Kumar – Appellant
Versus
UT of J&K – Respondent


Advocates:
Counsel for the Parties:
For the Petitioner in CRMC No.721/2018 & Bail App No.98/2019:Mr. Jagpaal Singh, Advocate
For the Petitioner in CRM(M) No.148/2020 & Bail App No.45/2020:Mr. Vikas Sharma, Advocate
For the Respondent No.1 in CRMC No.721/2018 & Bail App No.98/2019: Mr. Adarsh Bhagat, GA
For the Respondent No.1 in CRM(M) No.148/2020 & Bail App No.45/2020: Mr. Aseem Sawhney, AAG
For the Respondent No.2 in CRMC No.721/2018 & CRM(M) No.148/2020:Mr. S.C. Sharma, Advocate

JUDGMENT

Rajnesh Oswal, J.—In CRMC No. 721/2018 titled “Suresh Kumar Vs. State of J & K (now U.T)”, the petitioner has assailed the FIR bearing No. 226/2018 dated 24.08.2018, under section 376 RPC registered with Police Station, Samba and in CRM(M) No. 148/20 titled “Rakesh Kumar Vs. Union Territory of J&K”, the petitioner has assailed the FIR bearing No. 24/2020 dated 16.03.2020 under Section 376/420 IPC registered with Police Station, Janipur. As both the FIRs have been lodged by the same complainant, so both the petitions were clubbed together and are being disposed of by this common order.

CRMC No.721/2018, Bail App No. 98/2019

2. The petitioner is serving in Army and is at present posted at New Delhi. It is stated that the respondent No. 1 has registered the FIR impugned against the petitioner at the instance of respondent No. 2 with the intention to cause harassment to the petitioner and further blackmail the petitioner. It is further stated that the respondent No. 2 is a major lady of more than twenty-six (26) years of age and the petitioner No. 1 never promised the respondent No. 2 that he would marry her and further he has not committed any offence. The present FIR has

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