MUNINDER SINGH Vs. U.T. OF J&K

JUDGEMENT

(1.) Through the medium of instant petitions filed under Sec. 482 of the BNSS 2023, petitioners seek bail in a criminal case titled 'UT of J&K Vs. Sarita Devi &Ors.' subjudice before the Court of learned Principal Sessions Judge, Samba, arising out of FIR No.224/2021 under Ss. 370, 363-A, 120-B, 34 IPC registered at Police Station, Samba.

(2.) Since both the petitions arise out of the same case involving common questions of facts and law, it is proposed to dispose of the same by this common order.

(3.) Both the petitioners pleading innocence have alleged that they have been falsely implicated in the case by the investigating agency; that they were arrested soon after the registration of the case and have been facing incarceration for more than 3 1/2 years; that just four prosecution witnesses have been examined till date out of 29 prosecution witnesses after the framing of charges by the trial court way back on 3/5/2022; that the witnesses examined by the prosecution have also not made any incriminating statements against the petitioners; that petitioner, Muninder Singh @ Sonu, is an auto rickshaw driver whereas petitioner, Rajinder Singh, who is a Policeman, is a cancer patient.