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2023 Supreme(J&K) 612

MOHAN LAL
Badri Nath – Appellant
Versus
Union Territory of Jammu and Kashmir – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Muzaffar Iqbal Khan, Umar Aijaz Gattu.
For the Respondent: Vishal Bharti.

JUDGMENT :

MOHAN LAL, J.

1. Petitioner has sought regular bail in terms of Section 436A/439 of the Code of Criminal Procedure (hereinafter referred as the 'code') in case FIR No. 40/2020 registered with Police Station Bari Brahmna District Samba for infraction of provisions contrary to the offences punishable under sections 354A/452/506 IPC r/w Section 8 of POCSO Act. It is averred, that petitioner has been implicated in false and frivolous case although he has not committed any offence nor is involved in the commission of any such offence; that he is a peace loving and law abiding citizen of India and permanent resident of UT of J&K hence entitled to the constitutional, fundamental, legal and statutory rights available to him under the Constitution and Criminal Procedure Code; that the petitioner is a under trial prisoner and is behind the bar for the last more than two (2) years without any fault on his part; that after the production of challan in the aforesaid FIR before the Court of learned Principal Sessions Judge Samba on 18.07.2020 the prosecution has produced all the material witnesses thereby leaving no scope of tampering the witnesses; that the petitioner had earlier moved

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