S. No.

HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT JAMMU

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Reserved on: 05-11-2022.

Pronounced on: 23-12-2022.

(I) BA No. 161/2021 (CrlM Nos. 284/2022 & 1039/2021)

Devinder Singh age 19 years S/O Raj Kumar R/O Village Agli Dhar Tehsil

Ramkote District Kathua. …….Applicant(s)

V/s.

1. UT of Jammu & Kashmir Through SHO P/S Billawar;

2. Sudesh Kumar S/O Man Chand R/O Rampur Rasul Tehsil Billawar District

Kathua … …Non-applicant(s)

(II) B.A. No. 81/2021 (CrlM No. 508/2021)

Shushma Devi age 35 years w/o Bishan Dass R/O Thara Kalwal Tehsil Ramkote

District Kathua. ……Applicant(s)

V/s

UT of Jammu and Kashmir through SHO P/S Billawar.

(III) B.A. No. 97/2021 (CrlM Nos. 597/2021 & 438/2022)

Bishan Dass age 47 years S/O Ram Saran R/O Thara Kalwal Tehsil Ramkote

District Kathua.

V/s

1. UT of Jammu and Kashmir through SHO P/S Billawar;

2. Sudesh Kumar S/O Man Chand R/O Billawar R/O Rampur Rasul Tehsil

Billawar District Kathua.

Through :- Sh. Arjun Singh, Advocate for applicants.

Through:-

Sh. Dewakar Sharma, Dy. AG for respondent No.1.

Sh. Anil Khajuria, Advocate for respondent No.2.

Coram:

HON9BLE MR. JUSTICE MOHAN LAL, JUDGE

O R D E R

1. Since all the aforesaid three bail applications viz; BA No. 161/2021, B.A. No.

81/2021, B.A. No. 97/2021 arise out of a common FIR No. 136/2020 registered

with Police Station Billawar (District Kathua) for commission of offences under

Sections 363, 376, 109 IPC r/w Sections 4/17 of the Protection of Children from

Sexual Offences Act (POCSO Act), therefore, all of them are disposed of by

this common order.

B.A No. 161/2021

In BA No. 161/2021 applicant has claimed bail in terms of Section 439 of the

Code of Criminal Procedure (hereinafter referred to as the, <Code=) on the

2 B.A No. 161/2021 a/w connected matters

grounds, that he is a peace loving and law abiding citizen of India and

permanent resident of UT of J&K, hence entitled to the constitutional,

fundamental, legal and statutory rights available under the Constitution and

Criminal Procedure Code; that the applicant has a distant friend-Mr. Y, who is

juvenile and in conflict with law, applicant belongs to a very decent family and

works in his own shop situated on the roof of his residence; he has no criminal

record and having full regard towards the law; that the applicant has never been

involved in any case whether criminal or civil one; that one Miss X, daughter of

one Sudesh Kumar went missing from her home on 24.11.2020 at about 9.45

am in the morning, her father searched for her everywhere including the houses

of the relatives, but the girl was not found anywhere, father of the said girl filed

a false and frivolous complaint in Police Station Billawar on 27.11.2020 and

named the applicant as one of the accused alleged to have abducted his daughter

Miss X, who came back to Ramkot (Challain) on 28.11.2020 when police took

her into custody, wherefrom, she was taken to Munsiff Court (JMIC) Billawar

by the police for recording of her statement under Section 164 of the Cr.P.C;

that the juvenile who was suspected in the case was not arrested but the

respondent made life of the petitioner hell, the juvenile approached juvenile

board for bail and surrendered in the observation home at R.S. Pura, although

the juvenile had obtained the bail order from the learned Principal Magistrate,

but he could not get bail for eight (8) days as the police launched a manhunt for

the father and mother of the juvenile who could not be taken into custody, and it

was only after the order got modified to restore the custody of the mother of the

juvenile, the