JAVAID AHMAD DAR Vs. STATE OF J&K

JUDGEMENT

(1.) This is an application filed under Section 498 Cr.PC for grant of bail in favour of the petitioner on the ground that the petitioner has been implicated in a false and concocted FIR for having indulged in an unnatural offence against the female victim under Section 377 RPC.

(2.) It is set-forth in the petition that the petitioner came to be arrested on 03.09.2018 in a case FIR No. 163/2018 P/S Khansahib, Budgam under Section 377 RPC registered against him. The challan has been presented before the court of learned Judicial Magistrate, Budgam. Thereafter, on 30.10.2018, the learned Judicial Magistrate, Budgam has committed the case to the court of learned Principal Sessions Judge, Budgam and the petitioner was remanded to custody till 15.11.2018. According to the petitioner, the investigation of the case is complete, therefore approaches this Court for grant of bail in his favour.

(3.) The petitioner has annexed with the petition copies of FIR, site plan, medical examination reports and statement of prosecutrix etc.