ZAKIR HUSSAIN Vs. UT OF LADAKH

JUDGEMENT

(1.) Instant petition has been made by the petitioner under Section 439 read with Section 437 of the Code of Criminal Procedure for enlarging the petitioner on bail. In the petition, it has been submitted that the petitioner has been falsely implicated in case FIR No.34 of 2020 for offences under Section 124A, 153A, 153B, 505(2) and 188 of IPC registered with Police Station, Kargil.

(2.) It is averred in the petition that the petitioner was taken into custody on 19.06.2020 and due to some political enmity and animosity, some people are trying to malign him which has led to filing of aforesaid FIR. It is further averred that the petitioner approached the Court of learned Principal Sessions Judge, Kargil, by way of a bail application but the same was dismissed vide order dated 28.07.2020. According to the petitioner, the order of learned Principal Sessions Judge, Kargil, is not sustainable in law and, therefore, he has approached this Court by way of instant petition. Giving his background, the petitioner has averred that he is a democratically elected Councilor of LAHDC and is a patriot as well as a law abiding citizen of the Country. Lastly, it has been contended that even if the allegations made in the FIR against the petitioner are taken at their face value, still then the offences of which he has been charged are not made out against him.

(3.) The petition has been contested by the respondents by filing reply thereto. In their reply respondents have submitted that the petitioner has made highly objectionable and derogatory comments against the Country and its armed forces and uploaded the said remarks on social media and, therefore, the offences mentioned in the FIR are made out against him. The respondents have denied the assertion of the petitioner that there has been any victimization or revenge against the petitioner by the respondents.