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2023 Supreme(Online)(JK) 1

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
MR. JUSTICE MOHAN LAL, J
Rahul Kumar s/o Madan Lal – Appellant
Versus
Union Territory of Jammu & Kashmir – Respondent


Advocates:
For the Petitioner:Sh. Sunil Sethi, Sr. Advocate with Sh. Ankesh Chandel, Advocate
For the Respondent:Sh. Pawan Dev Singh, Dy. AG for R-1&2, Sh. Anil Gupta, Advocate for R-3.

ORDER

1. Petitioner has sought regular bail in terms of Section 439 of Code of Criminal Procedure (hereinafter referred as the ‘Code’) in case FIR No. 25/2022 dated 30-03-2022 registered with police station Miran Sahib Jammu for commission of offences punishable u/ss 377/506 IPC r/w Sections 4/5(m) of POCSO Act on the grounds, that petitioner is citizen of India and permanent resident of UT of Jammu & Kashmir, therefore, entitled to the protection of his fundamental rights guaranteed under the Constitution of India including right to freedom and liberty. It is averred, that petitioner is a young boy of 21 years of age, belongs to respectable family and after passing 12th standard in the year 2020 was about to join college for pursuing higher studies, but has been involved in false and frivolous FIR which later on culminated into production of challan which is pending trial in the court of Special Judge POCSO Cases Jammu and petitioner from the date of his arrest on 30-03- 2022 is languishing in District Jail Ambphalla Jammu despite the fact that he has not committed any offence. It is moreso averred, that the trial court while rejecting his bail application vide order dated 12-10-20

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