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2024 Supreme(J&K) 265

MOKSHA KHAJURIA KAZMI
Nawaz Ahmad Sheikh – Appellant
Versus
Union Territory of J&K – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Tahir Ahmad Bhat; Mohd. Shafi Bhat
For the Respondent: Rekha Wangnoo

JUDGEMENT

1. This is an application with a prayer for release of applicant- accused, presently facing trial before Principal Sessions Judge Shopian, for short trial court, in case FIR No. 55 of 2021 u/s 363, 376 IPC and Section 4 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), on bail, on the grounds that he has already suffered incarceration for about 2 years and 6 months even though falsely implicated in the aforesaid case.

2. Per contra in the objections filed by the respondents the bail plea has been opposed on the count that applicant/accused is involved in a serious offence and the bail petition presented by him before the trial court has already been dismissed. During course of arguments, learned counsel have reiterated the contents of petition and memo of objections.

3. I have heard learned counsel and considered the matter. It appears that on 26th May, 2021 a complaint was received by the Police Station Haipora, Shopian from complainant Abdul Hamid Sheikh to the effect that his daughter aged 16 years was not available at home when he returned from his orchards and during the process of searches he came to know that she has been kidnapped by the accus

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