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Judgment
Sanjay Dhar, J
Bail App No. 361/2021
Vide order dated 16.12.2021, the petitioner-Shivam Kumar has been enlarged on interim regular bail in FIR No. 259/2021 dated 10.09.2021 for commission of offence under section 376 IPC registered with Police Station, Gandi Nagar Jammu. The said order is still in operation.
During the pendency of the bail application, the official respondent has filed charge sheet against the petitioner before the Fast Track Court, Jammu. The respondent has not brought anything on record to show that the petitioner has either misused the concession of bail or he has tampered with the prosecution witnesses.
In view of the above, interim bail granted to the petitioner vide order dated 16.12.2021 is made absolute.
The bail application stands disposed of.
CRM(M) No. 544/2021
Learned counsel for the petitioners submits that the petitioners may be given opportunity to raise all the pleas urged in the instant petition before the learned trial court at the time of framing of charge and in case that is done, the petitioners shall withdraw the instant petition. Statement of learned counsel for the petitioners is taken on record.
In view of the submissions made by the learned counsel for the petitioners, the instant petition is dismissed as withdrawn with a liberty to the petitioners to urge all the grounds raised in the present petition before the court below at the time of consideration of charge/discharge.