MUNISH SHARMA Vs. UT OF J&K

JUDGEMENT

(1.) The petitioner after having been unsuccessful in obtaining the bail from the court of learned Principal Sessions Judge, Reasi (herein after referred to as 'the trial court') has approached this Court for grant of bail in charge-sheet bearing No. 235/2022 dtd. 15/11/2022 titled "UT of J&K Vs. Munish Goutam" arising out of FIR No. 249/2022 dtd. 15/9/2022 registered with Police Station, Katra for commission of offences under Ss. 376(2)(n), 343, 506, 120-B of IPC and Ss. 3(1)(w) and 3(2)(v) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (for short SC/ST Act).

(2.) It is stated that the petitioner, who is 20 years of age, after having passed 12th standard examination has found himself falsely implicated in a charge-sheet mentioned above pursuant to a well-knit conspiracy of the alleged victim, who is 26 years old divorcee and mother of one male child. It is further stated that FIR bearing No. 21/2022 dtd. 10/1/2022 for commission of offences under Sec. 376(2)(n), 343, 506, 120-B of IPC and under Sec. 3(1)(w) and 3(2)(v) of SC/ST Act was registered by Police Station Chidawa, Rajasthan and after completion of the investigation, the matter was placed before the Special Court for SC/ST, Jhunjhunu, which directed the sending of FIR along with other documents to the Police Station, Katra. On receipt of the letter from Superintendent of Police, District Jhunjhunu, SDPO, Police Station, Katra on 6/9/2022 directed for registration of FIR, which was accordingly registered as FIR No. 249/2022.

(3.) It was on the strength of this FIR that the petitioner was summoned and arrested on 13/11/2022, whereas the other accused were set free on finding that they were not involved in the commission of any offence. The petitioner filed an application for grant of bail, but the same was dismissed by the learned trial court vide its order dtd. 22/12/2022.