MUDASIR AHMAD LONE Vs. STATE OF J&K

JUDGEMENT

(1.) In the instant petition, the petitioner seeks bail in FIR no. 42/2018 registered against him at police station Bandipora under section 376 RPC. In the petition, it is stated that the petitioner is behind the bars for the last two-and-a-half months and the prosecutrix/complainant in her statement recorded under section 164-A Cr.P.C. has stated that she had a love affair with the petitioner for the last four years and in the process they had been physically intimate. It is also pleaded that the prosecutrix has stated in her statement that she is wife of the petitioner and they have performed Nikah and that she wants to live with the petitioner.

(2.) What needs to be stated at the outset is that the applicant filed an application before the court of the learned Principal Sessions Judge, Bandipora for releasing him on bail primarily, on the same grounds as have been agitated in this application. The application by the court below has been dismissed by an order dated 01.06.2018 of the learned Principal Sessions Judge, Bandipora, holding that the application of the applicant is devoid of merit. It is further stated in the order that the dismissal of the instant application shall not debar the accused/applicant for filing the fresh application in the competent court of law at any changed situation hereafter.

(3.) Objections have not been filed. Learned counsel for respondents shall be at liberty to file objections, if any, before the next date of hearing.