HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT JAMMU

Coram:

HON’BLE MR. JUSTICE MOHAN LAL, JUDGE

O R D E R

27.03.2023

1. Petitioner has invoked the jurisdiction of this Court in terms of Section 439 of

the Code of Criminal Procedure (hereinafter referred to as the, “Code”) for

securing bail to him in FIR No. 640/2020 registered with Police Station

Udhampur for commission of offences under Sections 366, 109 & 376 RPC. It

is averred, that petitioner is a citizen of India and permanent resident of UT of

Jammu and Kashmir and is entitled to the enjoyment of all the fundamental

rights envisaged under part-III of the Constitution of India as well as the other

legal and statutory rights framed there under; that the learned Additional

Sessions Judge Udhampur has rejected the bail of the petitioner vide its order

dated 04.01.2023; that the petitioner and the complainant/prosecutrix being

major were having love affair with each other, which prompted them to marry

each other out of their free will and without any force and coercion, the

petitioner and the complainant/prosecutrix performed