SAYED SHAHID HAMDANI Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) Through the medium of instant petition, the petitioner has sought bail in anticipation of his arrest in FIR No.53/2021 for offences under Section 376/420/506 IPC of Police Station, Bahu Fort, Jammu.

(2.) It is contended by the petitioner that he has been falsely implicated in the aforesaid FIR by the complainant i.e. respondent No.2. According to the petitioner, there is a dispute going on between the petitioner and respondent No.2 with regard to their rival claims to the post of Rehbar-e-Taleem Teacher, as the respondent No.2 has been appointed to the said post in gross violation of the Rules and the same has been impugned by the petitioner by filing a writ petition before this Court. It has been further contended that the complaint, on the basis of which the FIR has been registered, does not disclose commission of offence under Section 376 IPC by the petitioner, as it does not contain any allegation regarding commission of any sexual assault or even sexual intercourse either forcible or consensual by the petitioner against respondent No.2. On this ground, it is urged that registration of the FIR for offence under Section 376 IPC is uncalled for.

(3.) Having heard learned counsel for the petitioner and having perused the material on record, a case for grant of interim indulgence in favour of the petitioner is made out.