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2019 Supreme(J&K) 462

SANJAY KUMAR GUPTA
Mamta Devi – Appellant
Versus
State – Respondent


Advocates Appeared:
For the Appellant :Ajay Bakshi, Advocate
For the Respondents:Rajnesh Oswal, Advocate

ORDER :

Sanjay Kumar Gupta, J.

1. Through the medium of instant application filed under Section 497-A Cr.P.C., the petitioner/applicant inter alia seeks indulgence of this Court for grant of anticipatory/pre-arrest bail in a criminal case pertaining to FIR No. 17/2012, registered at Police Station, Crime Branch, Jammu under Section 420, 465, 468, 471, 120-B R.P.C.

2. In the petition, it has been stated that the allegation in the FIR pertaining to the petitioner is false and baseless and the petitioner has not committed any offence under Sections 420, 465, 468, 471, 120-B R.P.C; that petitioner had also filed an application under Section 497-A Cr.P.C. in the court of Additional Sessions Judge, Jammu wherein initially interim bail was granted and subsequently vide order dated 04.12.2017 the application was dismissed by the court below. The investigation agency has no evidence to prove the involvement of the petitioner/accused in the commission of offence alleged in the said FIR. The investigation agency did not enquire about the veracity of the allegation of the complainant before registering the case. The petitioner was not afforded any opportunity to rebut the allegation leveled again

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