HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT JAMMU

Bail App. No. 49/2022

Reserved on : 22.04.2022

Pronounced on : 10.05.2022

Parshotam Singh age 25 yrs. S/O Sh. Partap

Singh R/O Naghal, Tehsil & District Ramban

(presently lodged in District Jail Udhampur).

…. Applicant(s)

Through :- Mr. K.S. Johal Sr. Advocate with

Mr. Karman Singh Johal, Advocate

V/s

1. Union Territory of Jammu &

Kashmir Through SHO/Incharge

Police Station Ramban.

2. Girdhari Lal S/O Amar Chand

R/O

Ganote

Thatha

Ramban

(impleaded as respondent no.2 on

28-03-2022)

….Respondent(s)

Through :- Mr. Eishan Dadhichi, GA

Coram:

HON’BLE MR. JUSTICE MOHAN LAL, JUDGE

O R D E R

10. 05 .2022

1. Applicant/accused indicted in case FIR No. 175/2021 registered with

Police Station Ramban for commission of offences u/s 377 IPC & 3/4

POCSO Act has claimed bail on the grounds, that a false, frivolous

fictitious and manipulated FIR on the basis of verbal version of one of the

family members of the victim without any medical evidence has been

registered as a counter blast to FIR No. 170/2021 registered with Police

Station Ramban whereby two (2) members of the said family have already

been booked for commission of offences u/s 8/20 NDPS Act in FIR No.

171/2021 and the final report prepared wherein one Amar Singh & Khem

Raj sons of Bhagat Ram R/O Village Nagal Ganote Tehsil & District

Ramban have been arrayed as accused, whereas Khem Raj S/O Partap

Singh and Partap Singh S/O Sant Ram have been shown as witnesses; that

the applicant/accused has been arrested for commission of offence u/s 377

IPC r/w 3/4 POCSO Act without any medical evidence; that the trial

court has framed the charges against applicant/accused on 21-12-2021 and

since then applicant is facing trial; that the applicant/accused moved bail

application before the trial court on 27-10-2021 and on 10-02-2022 the

said bail application was rejected by the trial court; that the alleged

Sr. No. 257

2 Bail App. No. 49/2022

occurrence has taken place on 02-10-2021 but FIR has been registered on

18-10-2021 after a delay of 16 days which has remained unexplained; that

the applicant/accused is inside the jail for the last more than four months

and his educational carrier is seriously affected; that there is no mark of

violence due to alleged act of sodomy committed by applicant/accused

against victim; that the bail cannot be rejected as major of punishment;

the fundamental right to life and personal liberty guaranteed under Article

21 of the Constitution of India deems to have been taken away;

applicant/accused is a student and is only victim of enmity in the village;

applicant has deeps roots in the society as he hails from reputed family,

there is no possibility of his tempering the evidence or winning over the

witnesses because the father of the victim in the case is complainant

whereas one Neelam Singh brother of victim is another witness and all

other witnesses are from police department, moreso, the applicant

undertakes to abide by all the terms and conditions imposed by the court.

2. Status report/objections have been filed by the respondent No.1 opposing

the bail on the grounds, that on 03-10-2021 a written report was lodged by

one Girdhari Lal S/O Amar Chand R/O Ganote Thatha Tehsil & Distt.

Ramban against applicant/accused for committing an unnatural

offence/sodomy and sexual exploitation of minor child namely Anil Singh

(Victim) who is studying in BVM High School Ramban and residing in

Ward. No.1 Ramban on rental accommodation. It is contended, that the

said victim Anil Singh always use to go at applicant’s house for learning

Computer at Cafeteria