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2019 Supreme(J&K) 477

SANJAY KUMAR GUPTA
Zabeer Hussain Shah – Appellant
Versus
State of J&K – Respondent


Advocates Appeared:
For the Appellant :Mohd. Shaqir Hussain, Advocate
For the Respondents: A.M. Malik, Dy. A.G.

ORDER :

Sanjay Kumar Gupta, J.

1. The applicant-Zabeer Hussain Shah, who is an under trial accused in a case FIR No. 12/2017 dated 25.03.2017 registered with Women Police Station, Rajouri for commission of offences under Sections 376/363/109 RPC pending before the learned Court of Additional Sessions Judge, Rajouri, has filed the present application for grant of bail.

2. In the application, it is stated that police has presented the challan vide Final Report/Charge Sheet No. 31/2017 dated 28.09.2017 before the learned Court of Additional Sessions Judge, Rajouri and arrayed 14 witnesses and out of them statement of 05 witnesses including the prosecutrix has been recorded and prosecutrix during the examination has stated nothing against the applicant and that whatever has been stated by the prosecutrix does not inspire confidence of the court. It is stated that the prosecutrix in her statement has categorically stated that there is land dispute between the family of the applicant and her family, and the entire prosecution story is based on surmises and conjectures.

3. Learned counsel for the applicant states that on 04.08.2018 applicant moved an application for grant of bail before the c

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