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2021 Supreme(J&K) 591

SANJEEV KUMAR
Fayaz Ahmad Dar – Appellant
Versus
Union Territory of J&K – Respondent


Advocates Appeared:
For the Petitioner: N.H. Kuchai.
For the Respondent: Asif Maqbool; Mir Suhail.

JUDGMENT :

1. The petitioner, who is arrested in FIR No. 457/2020 under Sections 376, 354, 511 IPC and Section 8 of Protection of Children from Sexual Offences Act, 2012 ("POCSO Act"), seeks his enlargement on bail on the ground that he is a law abiding citizen of India and has been falsely implicated in the crime, which he ever committed.

2. It is claimed that a neighbours of the petitioner, namely, Rafiq Ahmed Sheikh and his family, who belong to a different sect of Islam, harbour ill will against the petitioner and have, with a view to settle scores, lodged a false and frivolous FIR in Police Station, Budgam. The petitioner was arrested by the police of Police Station, Budgam on 16.12.2020 and ever since he is in judicial custody and has been languishing in Central Jail, Srinagar. It is submitted that the police has completed the investigation in the case and has presented the Final Report (challan) before the Court of Learned Sessions Judge, Budgam ("the trial Court"). The petitioner also seeks his release from custody on the ground that going by and accepting the contents of the FIR, lodged against him, as gospel truth, no offence under Section 376/511 IPC or under Section 8 of

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