MOHD. AKRAM Vs. UT OF J&K

JUDGEMENT

(1.) Through the medium of the instant petition, the petitioner is seeking regular bail in case FIR No. 47/2020 for offences under Sections 366/109 IPC registered with the Police Station, Mandi, Poonch.

(2.) It is averred in the petition that the petitioners have been taken into custody by the police of Police Station, Mandi on 27.05.2020 without any basis as they have not committed any offence. It is contended that the allegations made against the petitioners in the subject FIR are concocted and that the said FIR is also without any basis. It is further averred that the subject FIR has been lodged at the instance of one Abdul Majid, the paternal uncle of the prosecutrix, who owed to pay Rs.70,000/- to brother of petitioner No.1 and when brother of petitioner No.1 demanded back his money from said Abdul Majid, he refused to do so and filed a concocted FIR which has resulted in filing of a false challan against the petitioner. It has also been contended that the investigation of the case is complete and the charge sheet stands filed before the Court of Principal Sessions Judge, Poonch (hereinafter referred to as the „trial Court‟). It is also averred that the police has expressed its inability to produce the petitioners before the trial Court on account of covid-19 pandemic, as a result of which, even the charges are not being framed by the trial Court and the petitioners continue to be under detention without commencement of the trial of the case. Lastly, it has been contended that order dated 09.07.2020 passed by the trial Court whereby the bail application of the petitioners has been rejected is not in accordance with law.

(3.) The respondent has resisted the bail application by filing a reply thereto. In its reply, the respondent has contended that the petitioners have committed a heinous offence of kidnapping a girl, as such, they do not deserve the concession of bail. It is further averred that after investigation of the case, the offences stand established against the petitioners and a charge sheet has been laid before the trial Court.