PRITAM SINGH Vs. XXXXXXXX

JUDGEMENT

(1.) Both the applicants in these two bail applications had filed separate bail applications before the Court of learned Principal Sessions Judge, Udhampur (hereinafter to be referred as 'the trial court') for grant of bail in Charge-sheet titled 'UT of J&K Vs. Ravi Kumarand another' and the learned trial court vide common order dtd. 4/6/2022 dismissed both the applications.

(2.) Now, the applicants have filed two separate applications for grant of bail. The applicant, namely, Pritam Singh has filed an application bearing No. 273/2022 for grant of bail on the ground that the mother of the prosecutrix had levelled false and frivolous allegations against the petitioner that obscene pictures/photos were sent on her Whatsapp account by the petitioner. It is stated by the petitioner that he is illiterate and he knows nothing about Whatsapp messages or call to the prosecutrix and had never sent any obscene picture. It is further stated that even the alleged photographs are not annexed with the charge-sheet by the Investigating Officer. He has raised a defence that his Whatsapp account might have been hacked by someone.

(3.) The applicant, namely, Ravi Kumar has filed an application bearing No. 406/2022 for grant of bail, thereby stating that he was arrested on 17/5/2021 in a false and frivolous FIR and the allegations levelled against the petitioner are vague. The applicant was charged on 1/1/2022 and the prosecutrix as well as her mother were examined on 24/2/2022 and 22/4/2022. Both of them have made contradictory statements to each other and there is no incriminating material against the applicant and whole of the story of the prosecution revolves around Suman, Jyoti and Sunny. The applicant has referred to the cross-examination of the prosecutrix as well as her mother to demonstrate that the applicant has been implicated in false and frivolous case.