High CourtsSingle Bench(2023) 02 J&K CK 0016

Gopal Dass And Another vs Union Territory Of J&K

Jammu And Kashmir High Court · Decided on 7 February 2023

HON’BLE JUDGES
Sanjay Dhar, J
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 24 Of 2022, Criminal Miscellaneous No. 111 Of 2022

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Judgment

7 paragraphs · 217 words

Sanjay Dhar, J

Vide order dated 03.02.2022 passed by this Court, the petitioners were admitted to interim anticipatory bail in FIR No. 0004/2022 for offences under sections 376 and 109 IPC registered with Police Station, Women Cell, Jammu. The bail was granted to the petitioners primarily on the ground that the allegations of sexual abuse relate to a period about 16 years back.

Reply to the bail application has been filed by the respondent in which it has been submitted that the petitioners have committed heinous offences as such, they are not entitled to grant of bail.

Heard learned counsel for the petitioners and perused the record.

As has been noted in the order dated 03.02.2022 that the allegations of sexual abuse levelled against the petitioners relate to the year 2001 and 2005 and FIR has been lodged after a lapse of 16 years. This prima facie raises a doubt about the genuineness of the allegations made against the petitioners. Even otherwise the respondents in their objections have not stated anywhere that the petitioners have either misused the concession of bail or that they have tampered with the prosecution witnesses.

In view of the above, the interim bail granted to the petitioners vide order dated 03.02.2022 passed by this Court is made absolute.

Petition stands disposed of.