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2023 Supreme(J&K) 133

MOHAN LAL
Mohinder Singh – Appellant
Versus
Union Territory of Jammu & Kashmir – Respondent


Advocates Appeared:
For the Petitioner: Neeraj Gupta.
For the Respondent: Sumeet Bhatia.

JUDGMENT :

1. Applicants presently lodged in District Jail Udhampur for the last almost two (2) years in case FIR No. 19/2021 registered with Police Station Basantgarh (Udhampur) for commission of offences punishable under sections 376-D/342/34 IPC have claimed bail on the grounds, that after conclusion of the investigation a formal chargesheet has been filed against them which is pending trial in the Court of Principal Sessions Judge Udhampur wherein formal charges have been framed against the applicants/accused, and out of 17 witnesses listed in the challan almost four (4) witnesses including the prosecutrix have been examined. It is averred, that PW-1 (prosecutrix) on 12.04.2022 has been examined by the trial court and she in her evidence has never supported the prosecution story and has not tendered any incriminating evidence against the applicants/accused, and even has not identified them in the Court. It is moreso averred, that applicants/accused are innocent, peace loving citizens of the Country and have committed no offence, otherwise also the offences charged against the applicants/accused are not punishable with life imprisonment or death penalty, presumption of innocence

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