MOHD. SHABIR Vs. STATE OF J&K

JUDGEMENT

(1.) Through the present bail application, the Petitioner-Mohd. Bashir, seeks bail, inter alia, on the ground that the respondents-State and Police have implicated the petitioner in a false and frivolous case in FIR No. 140/2013, Police Station, Thanamandi, Rajouri under Sections 376/341/354 B RPC. The petitioner is under arrest since 02.02.2017 and is lodged in Jail, therefore, is filing the present bail application through next friend-real brother.

(2.) The learned counsel for the petitioner has stated in the petition that the petitioner has been alleged to have committed rape upon prosecutrix W/o Mohd. Rayaz, R/o Village Planger, Teh Thanamandi, District Rajouri, but the fact is that there is enmity between the families of the petitioner and the complainant/prosecutrix in connection with a land dispute and a civil Suit is also pending before the learned Munsiff, Thanamandi. That on the complaint of the father of the petitioner, the brother and the petitioner about five FIRs has been registered against the complainant/prosecutrix, her husband Mohd. Rayaz and Babu Hussain father in law of the complainant. The information has obtained under RTI by one Maqsooda Begum sister in law of the petitioner is as follows:

(3.) That since there is grave enmity between the families of the complainant and the petitioner, therefore, the complainant and her family in order to settle score with the petitioner's family has lodged a false and flimsy complaint against the petitioner and alleged rape on her person and thus the petitioner has been put under arrest and caused grave ignonimity and harassment and agony. The same is only a malafide act of the complainant/prosecutrix which is neither substantiated by ocular, circumstantial or medical evidence, therefore the petitioner may be granted Bail. That in order to counter blast the complaint/FIRs against the family of the complainant a ploy was created and on 25.08.2013 a written report was submitted by the complainant/prosecutrix with the respondent no. 1 regarding her rape by the petitioner and on this an FIR No. 140/2013 Police Station, Thanamandi was registered. The petitioner is in custody in this FIR wherein the petitioner is seeking bail. That the petitioner was arrested thereafter and investigation took place wherein the Police submitted the final report and gave benefit of Section 169 Cr.P.C , 1973to the petitioner since as per the Police there was no evidence against the petitioner and it was established that such a complaint was only filed with malafide intentions by the complainant/prosecutrix. The Final Closure Report was filed on 21.04.2015. That said Final Closure Report was accepted by the learned Magistrate, Thanamandi and Final Report was rejected and returned to the SDPO, Thanamandi vide order dated 21.09.2015 with direction to assign it to some superior officer other than the same I.O. That the DIG Rajouri Range on the asking/application of the complainant transferred the investigation from Police Station, Thanamandi to Police Station, Women Cell, Rajouri. The same finds mention in the challan/charge sheet itself.