JUDGMENT

Mohan Lal, J. - Applicants/petitioners have invoked jurisdiction of this Court in terms of Section 438 Cr.P.C. for grant of bail in anticipation of their arrest in case FIR No. 40/2022 dated 06.03.2022 for commission of offences under Sections 376-D and 109 IPC, registered with Police Station, Poonch at the instance of victim/prosecutrix.

2. It is averred, that by resorting to provisions of Section 156(3) Cr.P.C. with mala fide intensions and out of vendetta against the applicants, the aforesaid case has been registered against applicants/accused for the allegations that the victim/prosecutrix was raped by the accused Nos. 1 and 4 on 19.05.2021 at about 6 P.M. whereas the said case has been lodged by the victim as a counterblast to earlier FIR No. 0079/2021 for commission of offences under Sections 452, 376 and 109 IPC lodged by the wife of applicant No. 2 against husband of the victim; more so, the Deputy Superintendent of Police has also conducted inquiry, wherein the said officer has obtained CDR and tower location of the victim/complainant's mobile phone and it was found that the victim/complainant remained at her house for whole of the day and was talking to her husband