Munish Sharma Alias Munish Gautam vs UT of J&K

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(J&K) 628

RAJNESH OSWAL
Munish Sharma Alias Munish Gautam – Appellant
Versus
UT of J&K – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: Rakesh Sharma
For the Respondent: Suraj Singh

JUDGMENT :

Rajnesh Oswal, J.

1. The petitioner after having been unsuccessful in obtaining the bail from the court of learned Principal Sessions Judge, Reasi (herein after referred to as 'the trial court') has approached this Court for grant of bail in charge-sheet bearing No. 235/2022 dated 15.11.2022 titled "UT of J&K v. Munish Goutam" arising out of FIR No. 249/2022 dated 15.09.2022 registered with Police Station, Katra for commission of offences under sections 376(2)(n), 343, 506, 120-B of IPC and Sections 3(1)(w) and 3(2)(v) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (for short SC/ST Act).

2. It is stated that the petitioner, who is 20 years of age, after having passed 12th standard examination has found himself falsely implicated in a charge-sheet mentioned above pursuant to a well-knit conspiracy of the alleged victim, who is 26 years old divorcee and mother of one male child. It is further stated that FIR bearing No. 21/2022 dated 10.01.2022 for commission of offences under section 376(2)(n), 343, 506, 120-B of IPC and under section 3(1)(w) and 3(2)(v) of SC/ST Act was registered by Police Station Chidawa, Rajasthan and after completion of the

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