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High CourtsSingle Bench(2023) 03 J&K CK 0031

Zahid Manzoor Rishi vs Union Territory Of J&K And Another

Jammu And Kashmir High Court · Decided on 13 March 2023

HON’BLE JUDGES
Rajnesh Oswal, J
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous No. 903 Of 2022, Bail Application No. 376 Of 2022

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Judgment

12 paragraphs · 343 words

Rajnesh Oswal, J

CRM(M) No. 903/2022

Mr. Pawan Dev Singh, learned Dy.AG appearing for official respondent submits that the charge sheet has been filed against the petitioner before the competent court.

In view of the aforesaid statement made by the learned counsel for official respondent, learned counsel for the petitioner seeks withdrawal of the present petition with a liberty to assail the charge sheet.

In view of the above, the present petition is dismissed as withdrawn with the liberty as prayed for.

Bail App No. 376/2022

This is an application filed by the petitioner under section 438 Code of Criminal Procedure seeking bail in anticipation of his arrest, arising out of FIR bearing No. 124/2022 dated 18.10.2022 for commission of offences under sections 376, 420 and 506 IPC registered with Police Station, Pacca Danga, Jammu, on the ground that the allegation levelled against the petitioner is that on the promise of marriage, he had sexual relationship with the prosecutrix.

From the perusal of the record, it appears that initially the petitioner had engaged with the prosecutrix and thereafter, he had sexually intercourse with the prosecutrix on the false pretext of marriage. It is also pleaded that as the engagement could not further frutify into marriage therefore, in order to harass the petitioner, the FIR in question was lodged by the prosecutrix.

Mr. Pawan Dev Singh, learned counsel for official respondent submits that the charge sheet has been filed against the petitioner.

Mr. Hamzah Hussaini, learned counsel appearing for the prosecutrix submits that there are serious allegations against the petitioner and he is avoiding appearance before the concerned court after the presentation of the charge sheet.

Without commenting upon the merits of the case, in view of the fact that the charge sheet has been filed, this Court deems it proper to direct the petitioner to approach the learned concerned court for regular bail within a period of seven days from today, failing which, the Investigating Officer shall be at liberty to procure the presence of the petitioner in accordance with law.

Disposed of.