Jammu & Kashmir High Court
Mohd. Shabir vs Union Territory Of J&K Through on 30 December, 2024
Author: Rahul Bharti
Bench: Rahul Bharti
Serial No. 01
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Case:- Bail App No. 148/2024
CrlM No. 1068/2024
Mohd. Shabir .....Applicant(s)/Petitioner(s)
Age 47 years, S/o Sh. Alam Din
R/o Nalli, Tehsil Manjakote
District Rajouri.
Through: Mr. K. M. Bhatti, Advocate.
Vs
1. Union Territory of J&K through ..... Respondent(s)
Commissioner/Secretary Home Deptt.
Civil Sectt. Jammu/Srinagar.
2. Senior Superintendent of Police,
Rajouri.
3. SHO Police Station, Manjakote.
4. Naseem Akhtar, W/o Mohd. Kabir
R/o Neali, Tehsil Manjakote, District
Rajouri.
Through: Mr. Bhanu Jasrotia, GA for R-1 to 3
Mr. Abrar Ahmed Khan, Advocate for R-4.
Coram: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE
ORDER
(30.12.2024)
1. The petitioner-Mohd. Shabir came rushing to this Court
with the present petition filed on 10.07.2024 seeking grant of pre-
arrest bail in terms of section 482 of Bhartiya Nagarik Suraksha
Sanhita (BNSS), 2023 (akin to section 438 Cr.P.C 1973) with respect
to FIR No. 0073 dated 22.08.2023 registered with the Police Station
Manjakot for alleged commission of offences under section 376 of
the Indian Penal Code, 1860 and section 4, 6 & 17 of the Protection
of Children against Sexual Offences Act, 2012 apprehending his
arrest by the Police Station Manjakot, even though when not being
named as an accused in the said FIR but fearing his implication by
2 Bail App No. 148/2024
an abuse of process of law at the end of the complainant as well as
the Police Station Manjakot. In the FIR originally named two
accused persons are Mohd. Yasin and Nazia Kouser.
2. This Court, in terms of an order dated 19.07.2024, came to
grant indulgence in favour of the petitioner by granting him an
interim pre-arrest bail subject to the terms and conditions as laid
down in the order itself pursuant whereof the petitioner is said to
have been arrested and released on bail by the Investigating Officer
(IO) concerned.
3. The fact that the petitioner cooperated by participation in
the investigation of the case is born out from the fact that in the
course of time Final Police Report (Challan) under section 173 of the
Code of Criminal Procedure, 1973 came to be presented by the
Police Station Manjakot before the court of Principal Sessions
Judge, Rajouri, in which, in addition to two originally named
accused persons, 11 more accused persons came to be booked one
of whom being the petitioner herein.
4. Mr. K. M. Bhatti, learned counsel appearing for the
petitioner submits that the petitioner is said to have been even
subjected to charge without being related to offence under section
376 of the Indian Penal Code and the trial court is seized of the trial.
5. Learned counsel for the petitioner submits that the other
co-accused persons in the case have been admitted to regular bail
by the trial court itself.
3 Bail App No. 148/2024
6. Keeping in view this development and backdrop of the case,
this Court is inclined to grant cover of two months’ period in favour
of the petitioner to be on bail and in the meantime, to approach the
trial court of the Principal Sessions Judge, Rajouri before which
case is undergoing trial and to apply there and seek grant of regular
bail.
7. Accordingly, this petition is disposed of by maintaining bail
in favour of the petitioner for a period of two months from the date
of passing of this order by approaching the trial court within said
cover period with the application for seeking regular bail upon
which the trial court shall keeping in view the facts and
circumstances of the case and also the fact that the petitioner has
co-operated with the investigation of the case and is attending the
trial, shall consider the bail plea of the petitioner on parity basis.
8. In case, the petitioner is not able to approach the trial
court within the time given hereby, the petitioner shall be entitled to
seek extension of time from this Court by a motion to said effect.
9. Disposed of, accordingly.
(RAHUL BHARTI)
JUDGE
JAMMU
30.12.2024
Shivalee
Whether the order is speaking: Yes/No
Whether the order is reportable: Yes/No
Shivalee Khajuria
2024.12.31 14:00
I attest to the accuracy and
integrity of this document