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2022 Supreme(J&K) 752

MOHAN LAL
Devinder Singh – Appellant
Versus
UT of Jammu and Kashmir – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Arjun Singh.
For the Respondents: Dewakar Sharma, Anil Khajuria.

JUDGMENT :

MOHAN LAL, J.

1. Since all the aforesaid three bail applications viz. BA No. 161/2021, B.A. No. 81/2021, B.A. No. 97/2021 arise out of a common FIR No. 136/2020 registered with Police Station Billawar (District Kathua) for commission of offences under sections 363, 376, 109 IPC r/w Sections 4/17 of the Protection of Children from Sexual Offences Act (POCSO Act), therefore, all of them are disposed of by this common order.

B.A No. 161/2021

In BA No. 161/2021 applicant has claimed bail in terms of Section 439 of the Code of Criminal Procedure (hereinafter referred to as the, “Code”) on the grounds, 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 under the Constitution and Criminal Procedure Code; that the applicant has a distant friend-Mr. Y, who is juvenile and in conflict with law, applicant belongs to a very decent family and works in his own shop situated on the roof of his residence; he has no criminal record and having full regard towards the law; that the applicant has never been involved in any case whether criminal or civil one; that

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