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2021 DIGILAW 307 (JK)

Gh. Mohammad Sheikh v. Union Territory of J&K

2021-06-30

RAJNESH OSWAL

body2021
JUDGMENT : 1. The petitioner, who was apprehending arrest in FIR bearing No. 10/2021 registered with Police Station Beerwah, for commission of offences under sections 366 and 109 IPC, vide order dated 18.03.2021 was granted interim bail with a direction to him to appear before the Investigating Officer for three consecutive days. The said bail application was filed by the petitioner on the ground that the son of the petitioner has solemnized the marriage with the girl against the wishes of her parents and as a result of which the father of the said girl lodged a false and frivolous FIR against the son of the petitioner and also against the petitioner. The petitioner further stated in the bail application that the son of the petitioner has filed a suit for restitution of conjugal rights in the court of learned Munsiff, Beerwah against his wife and her father and in support thereof, the petitioner has placed on record a copy of the suit, copy of nikah nama and also the marriage agreement dated 28.01.2021 executed between the son of the petitioner and the daughter of the complainant. 2. Status report stands filed by the respondents in which it has been stated that on 28.01.2021 one Ghulam Mohammad has lodged a written complaint to the effect that his daughter aged about 22 years left her home on 26.01.2021 and did not return back and during search he came to know that his daughter has been kidnapped by one Shahid Ahmad Sheikh and on the basis of information, FIR bearing No. 10/2021 for commission of offence under section 366 IPC was registered and during the investigation statement of the witnesses were recorded and section 109 IPC was also added. On 09.02.2021, Basit Ahmad Sheikh was arrested under Section 109 IPC who was later on bailed out by the Court and on 18.02.2021 the abductee was recovered from the possession of accused Shahid Ahmad Sheikh, i.e. son of the petitioner. The Abductee was medically examined and as per the medical certificate, Section 376 IPC was proved and the statement of the prosecutrix was also recorded under section 164 Cr.P.C. on 23.02.2021 and as per the statement, Section 109 IPC was proved against the Ghulam Mohammad Sheikh, petitioner herein. The Abductee was medically examined and as per the medical certificate, Section 376 IPC was proved and the statement of the prosecutrix was also recorded under section 164 Cr.P.C. on 23.02.2021 and as per the statement, Section 109 IPC was proved against the Ghulam Mohammad Sheikh, petitioner herein. It is further stated that on 09.03.2021, the Police Party tried to apprehend the petitioner but he fled away from spot and left his vehicle and the said vehicle was seized and was put under safe custody within the Police Station. It is also stated in the response that on 19.03.2021, the petitioner approached the Police Station and produced the bail order before the Investigating Officer and it is further stated that the main accused is still at large and has not been apprehended. 3. On 23.03.2021, learned counsel for abductee sought time to file power of attorney and also sought permission of this Court to intervene. During the pendency of this bail application, the abductee also filed an application for early hearing of bail application and placed on record the FIR bearing No. 38/2021 of Police Station, Beerwah for commission of offences under sections 341, 354 and 34 IPC lodged by the prosecutrix against the petitioner and others. 4. Learned counsel for the petitioner has vehemently argued that the petitioner has complied with directions of this Court and the petitioner has been simply roped in by invoking Section 109 IPC and there are no allegations against the petitioner with regard to the commission of offence under section 376 IPC. 5. On the contrary, learned counsel appearing for the official respondents has vehemently argued that the petitioner is involved in a heinous offence, as such, he is not entitled to concession of bail. 6. Learned counsel appearing for the complainant has vehemently argued that the petitioner has violated the conditions of the bail as when he was enlarged on bail, he committed an offence for which FIR has been lodged against the petitioner and others, the copy of which has been placed on record. He vehemently argued that the petitioner does not deserve to be enlarged on bail as the main accused is yet to be arrested. 7. Learned counsel for the petitioner in rebuttal has submitted that the FIR has been lodged with ulterior motive so as to oppose the bail application otherwise there is no truth in the same. He vehemently argued that the petitioner does not deserve to be enlarged on bail as the main accused is yet to be arrested. 7. Learned counsel for the petitioner in rebuttal has submitted that the FIR has been lodged with ulterior motive so as to oppose the bail application otherwise there is no truth in the same. He further submitted that the petitioner has been granted bail in the said FIR also. 8. Heard and perused the record. 9. From the record, it is evident that the girl/abductee stands recovered and FIR bearing No. 38/2021 for commission of offences under sections 341, 354 and 34 IPC was registered on 26.03.2021. Investigating Officer has not approached this Court for cancellation of interim bail granted to the petitioner because of the violation of any of the condition imposed by the Court. The subsequent FIR lodged by the prosecutrix is subject to investigation and at present there is no report from the Investigating Officer that the petitioner is guilty of violating the conditions imposed by this Court while granting bail as such this Court is of the considered opinion that the interim bail granted to the petitioner vide order dated 18.03.2021 is required to be made absolute in view of the facts and circumstances of the case. Needless to mention here that the abductee has not taken any stand with regard to the filing of the suit and the documents annexed with the suit. 10. In view of the above, the interim bail granted to the petitioner is made absolute on the same terms and conditions. However, the Investigating Officer shall be at liberty to approach this Court for cancellation of the bail in the event of any violation of the terms and conditions of the bail imposed by this Court while granting bail. 11. Disposed of.