Sat Paul Nath vs Union Territory of J&K and another

Moksha Khajuria Kazmi, J

Apprehending the arrest allegedly in a false and frivolous case, petitioner has preferred the instant bail application for grant of bail in FIR No. 0175/2018 dated 27.08.2018 registered at Police Station, Nowshera, District Rajouri against the petitioner for offences under Sections 419, 420, 423, 467, 468 and 471 RPC.

It is stated that the petitioner is a Priest (Pujari) of Temple known as Mangal Temple situated at Village Mangal Devi and he is working, as such, for the last more than 35 years. It is further stated that he has played vital role in constructions of various temples in the area as he has got more than 08 temples constructed and enjoys a great reputation for his Bhakti, devotion and godliness and lot of respect in the society and always remains busy in organizing religious sermons and programs like Ramnavami in the said Village. He also arrange food (Langar) during Budha Amarnath Yatra for thousands of the pilgrims. It is urged that the people of the Village have passed a resolution where they have praised and highlighted the good deeds of the petitioner as more than 50 people have signed the said resolution. It is submitted that the petitioner has deep roots in the society by virtue of which he is enjoying a lot of respect in the society.

It is further stated that petitioner is innocent and he has been falsely implicated in the impugned FIR registered in Police Station Nowshera as more than four years have passed and during investigation no evidence has come forth against him on the basis of the false, frivolous and vexatious FIR lodged at the instance of the complainant. It is urged that the registration of the impugned FIR by the police is total abuse and misuse of the process of law and has caused injustice to the petitioner. In this petition, the petitioner, in view of strong apprehension of his arrest by the concerned Police, he seeks grant of anticipatory bail from this court.

Heard considered.

Learned counsel for the petitioner states that the petitioner has been falsely implicated in the case but he is ready to join the investigation in the present case and undertakes to extend full cooperation to the Investigating Agency and shall also appear before this Court as well as before the Investigating Officer as and when required.

Issue notice to the respondents.

Mr. Bhanu Jasrotia, learned GA waives notice on behalf of the respondents.

List on 22.09.2023.

Having regard to the contents of the bail application, coupled with the submissions made by learned counsel for the petitioner, a ground for grant of interim relief in the application of anticipatory bail in favour of the petitioner is made out at this stage, therefore, subject to objections and till next date of hearing, it is ordered that, in the event of arrest of the petitioner, he shall be released on bail, in case, he furnish personal bonds to the tune of Rs. 50,000/- as well as surety of the similar amount to the satisfaction of the investigating Officer on following terms and conditions he shall:-

(i) Appear before the Investigating Officer as and when required.

(ii) Not tamper with prosecution evidence directly or indirectly.

(iii) Not leave the territorial Jurisdiction of District Rajouri without seeking prior permission of Investigating Officer.

In the event of violation of any of the conditions mentioned above, the respondents can lay a motion before this Court for cancellation of bail of the petitioner.