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2022 Supreme(J&K) 349

TASHI RABSTAN
Mohd. Javed – Appellant
Versus
Union Territory of J&K – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Nirmal Kotwal
For the Respondents: Ravinder Gupta, Raja Mohit Bucha

JUDGEMENT/ORDER :

1. In both the bail applications FIR as well as commission of offences is same, as such both are being taken up together.

2. The petitioners have filed these applications for grant of bail for the commission of offences punishable under Sections 363/376-D/109 IPC and 3/4 POCSO Act in case FIR No.29/2020 dated 12.02.2020 registered at Police Station Bari Brahamana, Jammu.

3. As per the prosecution story, on 12.02.2020, the father of prosecutrix lodged a complained before the Police Station Bari Brahmana, Jammu that his daughter, a student of Class 12th in S.P. Smart School Sarore, boarded school bus from Badhori. She alongwith other students was taken to Vijaypur by another bus by the school for practical examination, but she left the bus at Vijaypur. Thereafter, the prosecutrix boarded a matador for Bari Brahmana, for where she was kidnapped by the petitioners herein. In the morning at about 6:00 AM, the prosecutrix was thrown in the field near their house in unconscious condition. Petitioner/accused Mohd. Javed was arrested on 10.03.2020 and petitioner/accused Zahid Choudhary was arrested on 21.08.2020.

4. Learned counsel appearing for petitioner argued that the peti

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