IFTIKHAR AHMED Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) The applicant-accused seeks bail in anticipation of arrest in FIR No. 49/2021 for the offences under Ss. 452/376 IPC registered with Police Station, Manjakote, District Rajouri. It is submitted that the petitioner was having love affair with the complainant-prosecutrix for the last more than four months. The family of the prosecutrix is having grudge against the family of the petitioner as the family of the petitioner had lodged an FIR bearing No. 58/2018 with Police Station, Manjakote against the maternal uncles of the prosecutrix with regard to the running of an employment racket and collection of money from innocent youth. The Panchayat was also held to address the issue of love affair of the petitioner with the prosecutrix but the effort to solve the issue failed as the family of the petitioner was pressurized to pay Rs.50,000.00 to settle the scores orally. The relief in the present application is also sought on the ground that the medical report does not reveal commission of rape upon the prosecutrix and further the call records of the petitioner have not been found at the place of occurrence but at a distance of seven kilometers from the place of occurrence. The prosecutrix has concocted a story in order to wreck vengeance upon the petitioner and his family and also the FIR registered against the petitioner does not make out a case against the petitioner.

(2.) The application filed earlier before this court seeking bail in anticipation of arrest stands dismissed on 28/5/2021. The application filed in terms of Sec. 438 Cr.P.C before the court of learned Principal Sessions Judge, Rajouri also stands dismissed vide order dtd. 9/8/2021.

(3.) The allegation leveled in the FIR is that the prosecutrix was raped in her house on 12/4/2021 after the petitioner entered her house.