JUDGMENT

1. The applicants, through the medium of this application, seek grant of bail, in anticipation of their arrest, in a case registered vide FIR No. 60/2025 on 12.07.2025, at Police Station Mandi, for the commission of offences, punishable under Sections 49 & 64 of the Bharatiya Nyaya Sanhita, 2023 (for short, “BNS”), asserting, therein, that they have been falsely implicated, in the case, by the complainant/respondent no.2, by leveling false allegations. The applicants have also called in question the order dated 10.02.2026, passed by the Sessions Court, Poonch, whereby, their application, for grant of anticipatory bail, came to be rejected.

2. Brief facts, as set up, which led to the filing of this application are that on 24.01.2024, respondent no.2/complainant namely Haleema Kouser D/O Mukhtar Ahmed R/O Gagrian, Tehsil Mandi District Reasi, lodged a written application/complaint against some persons including the petitioners, herein, in Police Station Mandi, stating therein that she and petitioner no.1 Ikram Tahir, had been in relationship for about one and a half years; that petitioner no.1 exploited her physically on the pretext/false promise of marriage; that petitioner no.1 used to come to her house between November 2024 and June 2025 and developed sexual relations on multiple times; that, when on 20.02.2025, her parents proposed her marriage with another boy, she informed petitioner no.1 about the same, who assured the complainant that only he will marry her; that subsequently, he deliberately started avoiding her and finally severed all links; however, when the marriage of the complainant was fixed for 26.06.2025 and wedding cards were already distributed, the petitioner no.1, all of a sudden, contacted the complainant through phone and asked her to meet him at Poonch Bus Stand on 18.06.2025 for marriage; that when she went there on the proposed date, he was not there, however, she got a number of calls from petitioner no.2, that she along with her son were coming to take her for marriage and was asked to stay at Women Cell and not to return home; that after waiting for a long time at Women Cell, she was sent to One Stop Centre, Poonch under legal procedure, where she was kept for about 9+3 days and finally was handed over to her parents.

3. In this backdrop, complainant approached Police Station Mandi alleging that she was sexually assaulted under the pretext of false promise of marriage, her parents were made to bear unnecessary expenses in the name of marriage, that, on the basis of this complaint, FIR No.60/2025 came to be lodged at P/S Mandi and investigation was set in motion; that the petitioners filed application U/S 482 BNSS, for grant of bail, in anticipation of arrest, in their favour, before the Sessions Court, Poonch, who, vide, its order dated 10.02.2026, rejected the same. It is, in this backdrop, the petitioners have approached this court seeking bail, in anticipation of their arrest, in case, FIR No.60/2025, registered at P/S Mandi, Poonch, for commission of offences punishable under Sections 49 & 64 BNS.

4. Pursuant to notice, objections stand filed on behalf of respondent No.1-SHO, P/S Mandi, stating therein that during the course of investigation, it was established that about one and a half years ago, complainant/victim came into contact with petitioner no.1, developed a relationship; that during the course of relationship, petitioner no.1 assured complainant that he would marry her; that on one occasion, petitioner no.1 along with his family members came to the residence of the complainant for seeking her hand in marriage, however, his proposal was not accepted by the family of the complainant; that, after some days, petitioner no.1 again came in the dark, and with consent, successfully coaxed the complainant to have intercourse with him and also on two-three more occasions, when there was no one present in the house of the complainant; that when complainant asked the petitioner no.1