MOHD. AYUB Vs. U.T. OF J&K

JUDGEMENT

(1.) Applicant, namely, Mohd. Ayub, filed the instant bail application, alleging his false implication by complainant, to seek pre-arrest/anticipatory bail in a case registered at Police Station Nowshera vide FIR No. 05/2025 on 8/1/2025, for commission of offences punishable under Ss. 333, 64, 62, 76 and 115(2) of BNS, 2023. The applicant has also challenged the chargesheet emanating from the aforesaid FIR by filing CRM(M) No.349/2025 by invoking power of this court under Sec. 528 of BNSS.

(2.) Facts culled out from Perusal of the FIR are that the aforesaid FIR has been lodged against the applicant and his wife by their daughter in law; that on 24/11/2024, the applicant clandestinely entered into the room of the complainant with intention to outrage her modesty, coerced her for sexual intercourse; pressed her breasts and pulled her into an embrace; that as a show of resistance, the complainant protested but the applicant quelled the same and cowed her down with dire consequences in case she speaks up; that the wife of the applicant also joined him in assaulting the complainant, pulled the complainant down, allegedly tore up her clothes; that aforesaid FIR culminated into filing of challan against applicant and his wife for offences under Ss. 333, 64, 76, 115(2) and 352 of BNS.

(3.) It is the case of the applicant that he, being 74 years old, along with his wife has been falsely and arbitrarily implicated in a false case foisted upon them, rather, it is the complainant, her husband and family, who in the intervening night of 24/25/11/2024 assaulted the applicant and his wife and in that regard, a complaint also stood lodged with the Senior Superintendent of Police, Rajouri on 29/11/2024; that the complaint filed by the complainant is nothing but a counterblast to the complaint of the applicant; that the complainant along with her husband forcibly attempted to grab the house and the land of the applicant and thereby constrained the applicant to file civil suit for permanent prohibitory injunction against the complainant in the court of learned Civil Judge (Senior Division) Nowshera and an interim direction also stands passed in favour of the applicant and against the complainant on 11/12/2024; that to wreak vengeance upon the applicant and his wife, complainant filed another complaint against the applicant on 18/12/2024 before SSP, Rajouri and subsequently, filed application before the court of Judicial Magistrate (Special Mobile Magistrate) Rajouri seeking direction for registration of FIR against the applicant and his wife; that on 3/1/2025, the Special Mobile Magistrate, Rajouri, directed for registration of an FIR; and that is how, FIR No. 5/2025 came to be registered at Police Station Nowshera for commission of offences under Ss. 333,64,62,76 and 115(2) BNS, 2023; that the applicant along with his wife approached the Principal Sessions Court, Rajouri, for grant of bail in anticipating of their arrest; that the court below granted bail in anticipation of arrest to the wife of the applicant, but denied the same relief to the applicant. Fearing threat of impending arrest, the applicant approached this court seeking grant of pre-arrest bail/anticipatory bail.