JUDGMENT :

MOHAN LAL, J.

1. Applicant/accused indicted in FIR No. 156/2021 dated 17.08.2021 for commission of offences u/s 376/342/506/109 IPC and 67 (a) of IT Act of Police Station Rajbagh District Kathua and lying in custody since 17.08.2021 has claimed bail on the grounds, that he is a citizen of India and a permanent resident of UT of J&K and is entitled to all fundamental, statutory and legal rights enshrined under the Constitution of India including one of individual liberty under Article 21 of the Constitution of India; applicant is not involved in commission of any offence and is aggrieved of order dated 24.09.2021 passed by the Ld. Additional Sessions Judge Kathua whereby his bail application has been rejected; applicant is a young youth of 21 years of age and has old and infirm parents who are suffering from numerous ailments and in absence of his elder brother who is an army personnel serving in Indian Army applicant is the only caretaker of his old parents; it is admitted case of the prosecutrix that it is one Abhi Kumar who called the complainant to his house and thereafter the main accused namely Naman Kumar committed rape upon the complainant/prosecutrix; as per report