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2023 Supreme(J&K) 100

MOHAN LAL
Sunil Kumar – Appellant
Versus
UT of J&K – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Pawan Kumar Kundal
For the Respondent: Suraj Singh

JUDGMENT :

1. Petitioner has sought regular bail in terms of Section 439 of the Code of Criminal Procedure (hereinafter referred to as the 'Code') in case FIR No. 112/2021 registered with Police Station Katra for commission of offences punishable under sections 376 IPC r/w Section 4 of POCSO Act. It is averred, that petitioner has been falsely implicated in the case, respondent No. 3 filed a false and frivolous complaint against the petitioner on instigation by respondent No. 4 who is working as teacher and manipulates a story to dragged the petitioner in heinous offence, whereby, petitioner has been arrested on 24.06.2021 after six (6) days from the date of alleged occurrence of 18.06.2021; petitioner is an innocent person has done nothing in connection with crime, in fact dispute between the petitioner and respondents. 3 & 4 is civil in nature in regard to a passage towards the house of respondent No. 4 which does not exist in revenue records, however, they were quarreling and fighting for the said dispute but compromised amicably on 26.06.2021. It is averred, that the petitioner was working as a laborer, few years back from the date of alleged occurrence he decamped stones with t

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