TARIQ AHMAD DAR Vs. STATE

JUDGEMENT

(1.) This application has been filed u/s 498 Cr.PC for admitting the petitioner to bail in F.I.R No. 66/2018, registered at Police Station, Rajpora, Pulwama, for the offences punishable u/s 376 and 506 RPC. It is submitted that the petitioner was arrested on 14/9/2018 in the said FIR and the Challan has been presented on 12/11/2018 before the Court of learned Judicial Magistrate, Pulwama, and the same was committed for trial to the Court of learned Additional Sessions Judge, Pulwama.

(2.) It is further averred in the application that this Hon'ble Court, while entertaining the petition filed by the petitioner u/s 561-A, bearing No. CRMC 457/2018, stayed the proceedings vide order dtd. 3/12/2018. It is stated that in view of the protraction of proceedings coupled with the incarceration of the petitioner and non-availability of the Presiding Officer in the Court below on account of his leave for two weeks, indulgence of this Court is sought for consideration of the bail application.

(3.) The applicant has further stated that the allegation levelled in the impugned FIR against him is that he has cheated the prosecutrix, who is 29 years of age, by breaking the promise of marrying her after consensual physical intimacy. The prosecutrix, being major, has succeeded, by police padding, to falsely implicate the petitioner. The material produced in this regard does not corroborate with the allegations. The petitioner has further stated that the FIR has been registered after a period of ten days from the date of alleged occurrence, which is shown to be 30/7/2018. Two more occurrences on the dates, viz. 16/6/2018 and 25/6/2018, have been investigated disclosing the offence u/s 376 RPC. The investigating agency has registered the case for delayed occurrence and the explanation tendered by the prosecutrix is without any credibility.