Jammu & Kashmir High Court
Kulbushan Singh vs Union Territory Of J&K & Anr on 24 December, 2024
Author: Sindhu Sharma
Bench: Sindhu Sharma
Sr. No. 129
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Bail App No. 309/2024
CrlM No. 2012/2024
c/w
CRM(M) No. 996/2024
CrlM No. 2013/2024
Kulbushan Singh .... Petitioner/Appellant(s)
Through:- Mr. Yassin Zargar and Mr. Tanveer
Khan, Advocates
V/s
Union Territory of J&K & anr. .....Respondent(s)
Through:- Mr. Sumeet Bhatia, GA
CORAM : HON'BLE MRS. JUSTICE SINDHU SHARMA, JUDGE
ORDER
24.12.2024
Bail App No. 309/2024
1. Applicant seeks grant of anticipatory bail in FIR No. 72/2024 for
the offence under Section 108 BNS registered with Police Station,
Mahore. It is submitted that the aforesaid FIR was registered on the basis of
application filed by respondent No. 3 (Anshu Devi) before CJM Reasi which
was assigned to the Court of learned Munsiff, JMIC 1 st Class, Reasi under
Section 175 (3) BNSS seeking direction for registration of FIR and vide
order dated 09.10.2024, learned Munsiff, JMIC 1 st Class, Reasi directed the
SHO Mahore to investigate the matter in accordance with law. A false and
frivolous FIR has been registered against the applicant for the offence under
Section 108 BNs.
2. Learned counsel for the applicant submits that the applicant is a
student of 12th standard and on 19.05.2024, the deceased attempted to
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commit suicide by hanging herself but due to timely intervention of the
family members, her life was saved and on 27.06.2024, the deceased
again tried to end her life, as a result thereof, the applicant was held
responsible for the same. The deceased committed suicide by jumping
from mountain in her village and she was taken to local hospital where
from she was immediately referred to GMC Jammu on 27.06.2024 where
she remained about 20 days and thereafter she was discharged from the
hospital on 16.07.2024. It is only on 17.07.2024, the deceased complained
of some pain and immediately shifted to local hospital where she had
succumbed to her injuries and was declared dead. Thereafter, the FIR was
registered on the application of respondent No. 3 on false and frivolous
grounds alleging that the applicant had promised to marry her and
thereafter refused to marry her. Learned counsel further submits that the
applicant as well as deceased were related to each other through
grandmothers.
3. It is further submitted that the dispute arises when the deceased
asked her parents that she loved the applicant and she want to marry with
him and from that very day. the family of the deceased pressurized and
harassed the applicant and his family.
4. Prima facie a case for showing indulgence of this Court is made
out.
5. Mr. Sumeet Bhatia, learned GA accepts notice on behalf of the
respondents. He seeks and is granted time to file response by or before the
next date of hearing.
6. List on 19.02.2025.
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7. Meanwhile, till next date before the Bench, in the event of arrest
of the applicant, he shall be released on bail, subject to furnishing
personal bond of Rs.50,000/- with one surety of the like amount to the
satisfaction of the Investigating Officer with conditions; (i) that he shall
appear before the Investigating Officer as and when required; (ii) that he
shall not leave the territorial jurisdiction of this Court without prior
permission of this Court; (iii) he shall not influence the witnesses in any
manner; and (iv) he shall remain present before this Court on each and
every date of hearing.
CRM(M) No. 996/2024 & CrlM No. 2013/2024
1. Notice to the respondents.
2. Mr. Sumeet Bhatia, learned GA accepts notice on behalf of the
respondents. He seeks and is granted time to file response by or before
the next date of hearing.
3. List as above.
4. Meanwhile, subject to objections and till next date before the
Bench, investigation in the case may continue, however, the Challan, if
already not filed, shall not be produced in the Court of law without prior
permission of this Court. Alteration/modification on laying motion.
(SINDHU SHARMA)
Judge
JAMMU
RAM MURTI/PS
24.12.2024
Ram Murti
2024.12.24 16:40
I attest to the accuracy and
integrity of this document