SHAHID AHMAD SHEIKH Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) Through the medium of instant petition, the petitioner has sought bail in anticipation of arrest in FIR No.10/2021 for offences under Sec. 366, 376, and 109 IPC registered with Police Station, Beerwah.

(2.) The facts giving rise to the filing of the instant petition are that the aforesaid FIR came to be registered on the basis of a complaint made by one Ghulam Mohammad Ganai, the father of the prosecutrix. In the complaint, the complainant submitted that his daughter, who is aged 22 years, left her home on 26/1/2021, but did not return in the evening. It was further submitted in the complaint that despite making efforts to trace out the prosecutrix, she could not be traced. It was also alleged that the complainant had come to know that the prosecutrix has been kidnapped by the petitioner herein. During investigation of the case, the prosecutrix was recovered on 18/2/2021 from the custody of the accused/petitioner and her statement under Sec. 164 of Cr. P. C came to be recorded by Judicial Magistrate, 1st Class, Beerwah. In her statement recorded under Sec. 164 of Cr. P. C, the prosecutrix narrated that on 26th of January, 2021 at about 3.30 PM, when she had gone out of her house to fetch water from a tube well, the petitioner came from behind, tied a cloth on her mouth and forcibly made her to board a vehicle whereafter she was taken to an unknown place and kept over there from 10/15 days. The prosecutrix further stated that the petitioner committed forcible sexual intercourse upon her. She went on to state that she was taken by the petitioner to Otligam where, when they were waiting for a vehicle, police came over there and the petitioner ran away and she was taken by police and handed over to her father. It seems that statement of the prosecutrix under Sec. 164 of Cr. P. C was once again recorded on 2/7/2021. This statement of the prosecutrix is more or less on similar lines.

(3.) It appears that relatives of the petitioner filed a writ petition bearing WP(C) No.1332/2021 before this Court contending therein that the prosecutrix has entered into a wedlock with the petitioner which has annoyed the father of the prosecutrix and that the police have registered an FIR, on the basis of which they are being harassed.