Mohd. Shahbaz vs The Applicant Seeks Grant Of ...
2021 Latest Caselaw 425 j&K

                                                                      S.No. 112
                                                                      Suppl. 1st

              HIGH COURT OF JAMMU AND KASHMIR
                         AT JAMMU

                                                     Bail App No. 85/2021
                                                       CrlM No. 529/2021
Mohd. Shahbaz                                              .... Applicant(s)
                                 Through:-     Mr. Rupak Ratta, Advocate

                           V/s

UT of J&K & anr.                                      .....Non-applicant(s)
                                 Through:-     Mr. Bhanu Jasrotia, GA

CORAM : HON'BLE MRS. JUSTICE SINDHU SHARMA, JUDGE
                                   ORDER

1. The applicant seeks grant of anticipatory bail in FIR No. 0030/2021

registered in Police Station Manjakote. As per the allegations, on 14.11.2020

the accused has committed the alleged act when the husband of the complainant

was out of house. The complainant thereafter moved an application under

Section 156(3) Cr.P.C. before the learned Chief Judicial Magistrate, Rajouri and

FIR was registered against the applicant.

2. It is submitted that the applicant had already challenged FIR No.

0030/2021 in CRM(M) No. 182/2021 before this Court and this Court has

passed the interim direction considering the fact that there was a delay of

around five months from the date of occurrence and registration of the FIR

which has not been sufficiently explained.

3. The learned CJM Rajouri while endorsing the complaint under Section

156(3) Cr.P.C. has not complied with the judgment of Hon'ble Supreme Court

rendered in Priyana Srivastava & anr. Vs. State of U.P. & ors.

4. Prima facie a case for showing indulgence is made out.

5. Notice to the non-applicants.

2 Bail App. 85/2021

6. Mr. Bhanu Jasrotia, learned GA accepts notice on behalf of respondent

Nos. 1 to 3. He seeks and is granted some time to file objections.

7. List on 05.05.2021.

8. Meanwhile, subject to objections and till next date before the Bench, in

the event of arrest of the applicant, he shall be released on bail, subject to

furnishing personal bond of Rs.50,000/- with one surety of the like amount to

the satisfaction of the Arresting Officer with conditions; (i) that he shall appear

before the I.O. as and when required and (ii) that he shall not leave the

territorial jurisdiction of this Court without permission.

(Sindhu Sharma) Judge JAMMU 01.04.2021 Ram Murti