MOHD. AYUB Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) The petitioner has sought bail in anticipation of his arrest in case FIR No.5/2025 for offences under Ss. 333, 64, 62, 76 and 115(2) of BNS registered at Police Station, Nowshera. The petitioner has also challenged the chargesheet emanating from the aforesaid FIR by invoking power of this Court under Sec. 528 of BNSS.

(2.) It appears that the aforesaid FIR has been lodged against the petitioner and co-accused by the prosecutrix, who happens to be the daughter-in-law of the petitioner. In the FIR it has been alleged that on 24/11/2024, the petitioner entered into the house of the prosecutrix with an intention to outrage her modesty and forced her for sexual intercourse. It has been further alleged that the petitioner forcibly pressed her bosom and took her in his arms. When, she resisted, the petitioner threatened that he can do anything to fulfill his demand. It is also alleged that the co-accused, who happens to be the mother-in-law of the prosecutrix, also came over there and both the petitioner as well as his wife assaulted the prosecutrix and tore up her clothes.

(3.) The aforesaid FIR culminated into filing of the challan against the petitioner and co-accused for offences under Ss. 333, 64, 76, 115(2) and 352 of BNS. It seems that the challan was produced against the accused in their absence, as according to the Investigating Agency, their whereabouts could not be traced. It also appears that the petitioner and co-accused approached the learned Principal Sessions Judge, Rajouri for grant of bail in anticipation of their arrest. However, vide order dtd. 7/4/2025 passed by the learned Principal Sessions Judge, Rajouri, bail in anticipation of arrest was granted to the co-accused i.e. wife of the petitioner, whereas the similar relief was declined to the petitioner, which prompted him to approach this Court by way of present petition.