HIGH COURT OF JAMMU AND KASHMIR

AT JAMMU

Bail App No. 168/2021

CrlM No. 1096/2021

Reserved on: 15.07.2021

Pronounced on: 28.07.2021

Chain Singh

.....Applicant/Petitioner(s)

Through :- Mr. I. A. Hamal, Advocate

v/s

U. T. of J&K

.....Respondent(s)

Through :- Mr. Suneel Malhotra, GA

Coram:

HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE

ORDER

1.

The present bail application has been filed by the petitioner for

grant of bail in challan titled U.T of J&K vs. Chain Singh, arising out of FIR

bearing No. 278/2019 initially registered under 377 IPC, after the bail

application filed by the petitioner was rejected by the Court of learned

Principal Sessions Judge, Kishtwar (hereinafter referred to as the trial court)

vide order dated 27.01.2021.

2.

In the bail application, petitioner has stated that there has been

inordinate and unexplained delay of four months in lodging of the FIR, further

that the investigation has been conducted in an unfair manner because no

preliminary enquiry was carried out by the Investigating Agency and also that

not even a single member of the community, to whom the occurrence is all