HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT JAMMU

Bail App No. 12/2022

CrlM Nos. 49&48 of 2022

Reserved on : 06.04.2022

Pronounced on : 05-05-2022

Mohd Tariq age 40 yrs S/O Mohd Hussain

Mehboob Ali R/O Manjakote Rajouri

…. Applicant(s)

Through :- Mr. Mehtab Gulzar, Advocate

V/s

UT of J & K & Ors through SHO P/S

Reassi and Anr.

….Respondent(s)

Through :-

Mr. Ravinder Gupta, AAG for R-1

Mr. S..S Ahmed, Advocate for R-2

Coram:

HON’BLE MR. JUSTICE MOHAN LAL, JUDGE

O R D E R

05.05.2022

1. In terms of section 439 Cr.pc, applicant has sought indulgence of this court for

his release on bail in FIR No. 0152/2021 for commission of offences u/ss

376/420/379 IPC lodged against him by respondent No.2 in Police Station

Reasi. It is averred, that applicant is permanent resident of U.T. of J&K and is

citizen of India as such in law he is competent to maintain the present

application before this court for the enforcement of his fundamental and legal

rights guaranteed to him under the constitution and statute, applicant has been

falsely implicated by the police in the above said FIR registered on baseless and

bogus facts and has been arrested by police, applicant has not committed any

offence as alleged in the above said FIR, applicant and private respondent No.2

were in love affair since 2019 whereby applicant spent lockdown time with

respondent No.2 in her house and lateron marriage proposal of applicant &

private respondent was accepted by the parents of private respondent whereby

petitioner and private respondent solemnized marriage with each other as per

Islamic Sharia law but the private respondent and her parents were adamant

that applicant must stay with them as Gharjamai and on his refusal a false

criminal case has been registered against applicant by private respondent who is

a police constable. It is averred, that applicant is innocent person and has not

committed any offences however impugned FIR for commission of offences of

committing sexual intercourse has been registered in the month of March 2020

on the ground of promise to marry after making concealment of the fact of

Sr. No. ...

2 Bail App No. 12/2022

marriage and execution of Nikah Nama, the impugned FIR has been lodged

after a delay of more than one (1) year in the month of March 2020 and no

reason for delay has been given, there is no truth in the story narrated by the

private respondent, challan has been filed and the trial court has not even

framed charges but has rejected the bail whereby applicant is presently lodged

in District Jail Udhampur, impugned FIR is lodged to compel the applicant to

exceed to the demands and live as Gharjamai, applicant undertakes to present

himself before the police/court as and when directed, applicant undertakes that

he will not directly or indirectly make any inducement threat or promise to any

person acquainted with the facts of the case to dissuade him from disclosing

such facts to the Court or any police officer, applicant further undertakes not to

tamper with the evidence or the witnesses in any manner, he will not leave India

without the previous permission is ready and willing to accept and abide by all

the terms and conditions as may be imposed by the Court.

2. Respondent No.1 has filed the objections wherein it has been contended that

case FIR No. 152/2021 u/ss 376/420/379 IPC has been registered against

accused and during investigation I/O has collected sufficient evidence, I/O has

recorded the statements of witnesses u/ss 161/164-A Cr.pc, collected DNA test,

finger print report, FSL report and submitted before the court of Sessions Judge

Reasi which has proved that minor b