SAT PAUL NATH Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) Apprehending the arrest allegedly in a false and frivolous case, petitioner has preferred the instant bail application for grant of bail in FIR No. 0175/2018 dtd. 27/8/2018 registered at Police Station, Nowshera, District Rajouri against the petitioner for offences under Ss. 419, 420, 423, 467, 468 and 471 RPC.

(2.) It is stated that the petitioner is a Priest (Pujari) of Temple known as Mangal Temple situated at Village Mangal Devi and he is working, as such, for the last more than 35 years. It is further stated that he has played vital role in constructions of various temples in the area as he has got more than 08 temples constructed and enjoys a great reputation for his Bhakti, devotion and godliness and lot of respect in the society and always remains busy in organizing religious sermons and programs like Ramnavami in the said Village. He also arrange food (Langar) during Budha Amarnath Yatra for thousands of the pilgrims. It is urged that the people of the Village have passed a resolution where they have praised and highlighted the good deeds of the petitioner as more than 50 people have signed the said resolution. It is submitted that the petitioner has deep roots in the society by virtue of which he is enjoying a lot of respect in the society.

(3.) It is further stated that petitioner is innocent and he has been falsely implicated in the impugned FIR registered in Police Station Nowshera as more than four years have passed and during investigation no evidence has come forth against him on the basis of the false, frivolous and vexatious FIR lodged at the instance of the complainant. It is urged that the registration of the impugned FIR by the police is total abuse and misuse of the process of law and has caused injustice to the petitioner. In this petition, the petitioner, in view of strong apprehension of his arrest by the concerned Police, he seeks grant of anticipatory bail from this court.