GHULAM MOHAMMAD SHEIKH Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) The petitioner, who was apprehending arrest in FIR bearing No. 10/2021 registered with Police Station Beerwah, for commission of offences under Sec. 366 and 109 IPC, vide order dtd. 18/3/2021 was granted interim bail with a direction to him to appear before the Investigating Officer for three consecutive days. The said bail application was filed by the petitioner on the ground that the son of the petitioner has solemnized the marriage with the girl against the wishes of her parents and as a result of which the father of the said girl lodged a false and frivolous FIR against the son of the petitioner and also against the petitioner. The petitioner further stated in the bail application that the son of the petitioner has filed a suit for restitution of conjugal rights in the court of learned Munsiff, Beerwah against his wife and her father and in support thereof, the petitioner has placed on record a copy of the suit, copy of nikah nama and also the marriage agreement dtd. 28/1/2021 executed between the son of the petitioner and the daughter of the complainant.

(2.) Status report stands filed by the respondents in which it has been stated that on 28/1/2021 one Ghulam Mohammad has lodged a written complaint to the effect that his daughter aged about 22 years left her home on 26/1/2021 and did not return back and during search he came to know that his daughter has been kidnapped by one Shahid Ahmad Sheikh and on the basis of information, FIR bearing No. 10/2021 for commission of offence under sec. 366 IPC was registered and during the investigation statement of the witnesses were recorded and sec. 109 IPC was also added. On 9/2/2021, Basit Ahmad Sheikh was arrested under sec. 109 IPC who was later on bailed out by the Court and on 18/2/2021 the abductee was recovered from the possession of accused Shahid Ahmad Sheikh, i.e. son of the petitioner. The Abductee was medically examined and as per the medical certificate, sec. 376 IPC was proved and the statement of the prosecutrix was also recorded under sec. 164 Cr.P.C. on 23/2/2021 and as per the statement, sec. 109 IPC was proved against the Ghulam Mohammad Sheikh, petitioner herein. It is further stated that on 9/3/2021, the Police Party tried to apprehend the petitioner but he fled away from spot and left his vehicle and the said vehicle was seized and was put under safe custody within the Police Station. It is also stated in the response that on 19/3/2021, the petitioner approached the Police Station and produced the bail order before the Investigating Officer and it is further stated that the main accused is still at large and has not been apprehended.

(3.) On 23/3/2021, learned counsel for abductee sought time to file power of attorney and also sought permission of this Court to intervene. During the pendency of this bail application, the abductee also filed an application for early hearing of bail application and placed on record the FIR bearing No. 38/2021 of Police Station, Beerwah for commission of offences under Sec. 341, 354 and 34 IPC lodged by the prosecutrix against the petitioner and others.