MOHD IRFAN Vs. UT OF J & K

JUDGEMENT

(1.) The petitioner was granted bail in anticipation of arrest in FIR No. 57/2020 dtd. 19/6/2020 that was initially registered for commission of offences under Sec. 341, 323, 354 IPC with Police Station, Mandi. However, during the course of investigation, statement of the prosecutrix was recorded under sec. 164 Cr.P.C, in which she has deposed that the petitioner has committed rape upon her. The petitioner has narrated this fact in paragraph No. 9 of his bail application.

(2.) Response stands filed by the respondents, in which it is stated that the petitioner is ex-husband of the prosecutrix and on 19/6/2020, when she went to Peer Atter Shah Sahib at Seri in a private vehicle, the petitioner saw her in Mandi Market and started following her in his own vehicle and when she reached near Peer Sahib residence, the petitioner came out of vehicle and stopped her way and started beating her with kick and fist blows, torn her clothes and threatened her that he will kill her. On this information, the FIR No. 57/2020 was registered. In the FIR, there is no allegation of rape upon the prosecutrix by the petitioner. Further, there is nothing on record that the petitioner has ever violated any condition imposed by this Court while granting bail.

(3.) In view of this, the interim bail granted to the petitioner vide order dtd. 10/7/2020 is made absolute on the same terms and conditions.