ANGAT KUMAR Vs. STATE OF J&K AND ORS

JUDGEMENT

(1.) The instant Cr. Revision Petition is directed against the order dtd. 11/8/2018 passed by 3rd Addl. Sessions Judge Jammu (Fast Track Court) in bail application bearing File No.78/Misc. titled Angat Kumar vs. State and ors.

(2.) The case of the petitioner is that he has been falsely implicated in a false and frivolous case FIR No.183/2013 registered by respondent no. 3 for commission of offence under Ss. 376-C/109 RPC and he is in custody since 4/9/2013. It is stated that after the completion of the investigation, the special investigation team filed challan in the Court against the eight accused, and the trial Court has discharged six accused persons and framed charges against two accused persons, namely, Surjeet Kumar and the petitioner-Angat Kumar, both are Chokidars, vide its order dtd. 24/7/2014 and the prosecution was directed to lead evidence. It is further stated that prosecution has cited 51 prosecution witnesses in the challan which fact is clear from the list of the prosecution witnesses attached with the challan and till date after framing of charge out of 51 cited witnesses, the statement of one witness who happens to be the complainant in the case, namely, Arti Mahajan, was recorded in part on 16/5/2015 and was deferred for want of original complaint which is missing in the challan and at the request of the Special Public Prosecutor, but till date neither the original complaint was placed on record before the trial Court by the prosecution nor the statement of the complainant was concluded. It is further stated that the witness which has been examined so far by the prosecution has not supported the prosecution case. Further that the petitioner as well as accused Surjeet Kumar filed application for grant of bail before the trial Court, but the Court below vide order dtd. 4/11/2016, has rejected the bail application of the petitioner, however, the trial court accepted the bail application of the co-accused, namely, Surjeet Kumar. It is contended that both the petitioner and the accused Surjeet Kumar were charged under same Sec. by the trial court.

(3.) Learned counsel for the petitioner states that the petitioner filed a bail application bearing B.A. No.43/2017 titled Angat Kumar versus State and others before this Court, which was finally disposed of on 3/7/2018. It is stated that petitioner filed bail application in compliance of the above said order before the trial court, but the same was also dismissed by the trial court on 11/8/2018.