High Court of Jammu and Kashmir Grant Bail in FIR No. 25/2023 U/S 376 registered at Police Station Darhal under Section 376 IPC

GNS ONLINE JAMMU

JAMMU MAY 03:–Mohd Sulaman applicant has moved the application seeking bail in anticipation Through Adv Arshad Majid Malik arrest, in a case registered vide FIR No. 25/2023 at Police Station Darhal, for the commission of offence punishable under Section 376 IPC, asserting therein that the non applicant has lodged a false and frivolous case against the applicant, alleging that she had an affair with him for the last 07 years and that sexual contact had also been made by the applicant with her about 02 years ago, on the promise to marry.

An Order has been issued by Hon’ble court Dated: 03.05.2023 to the Station House officer, Police Station,Darhal for Implementation of Order dated 01.05.2023 passed by the Hon’ble High Court of Jammu and Kashmir & Ladakh at Jammu in Bail App No. 123/2023 titled Mohd Sulaman Vs. UT of Jammu and Kashmir & Ors.

In the matter It has been pleaded that the applicant who has been serving as L/NK in the Army and is presently posted in Arunachal Pradesh, after being recruited in Army, was approached by one of his relative namely Ziyarat Hussain with the proposal of his marriage with non applicant No. 2 and that he had been talking to both of them on telephone, however, that proposal did not mature and his marriage was fixed by his family with some other girl of his village and having been 2.

Bail App No. 123/2023 infuriated, non applicant No. 2 lodged a report leveling false accusation against the applicant that he had raped her 02 years ago. Learned counsel for the applicant further argued that the non applicant No. 2 has already admitted that she had an affair with the applicant and about 02 years ago there had been physical relation between them on the basis of promise to marry, which appears to be a case of consensual sexual intercourse between two adults, which is not punishable under law, therefore the applicant is entitled to be admitted to bail, in anticipation of his arrest.

The allegations against the applicant by non applicant No. 2 are that the applicant had promised her marriage and that they had an affair over a period of 07 years and during which about 02 years back, the applicant had committed sexual intercourse with her on different occasions under the promise to marry. The applicant has also placed on record the copy of the application moved by non applicant No. 2 to the Local Police Station asserting therein that due to intervention of the community, they have settled the matter, as such, no action is warranted on her application and prayed that the application be filed. Application is seemed to have been made on 25.04.2023 by the non applicant No. 2 in presence of Sarpanch Karamatullah.

Meanwhile, having regard to the peculiar facts and circumstances of the case, the applicant is found entitled to be admitted to interim Bail App No. 123/2023

Applicant is thus admitted to interim bail and is directed to be released from custody, in the event of his arrest, if he furnishes bail and personal bonds to the tune of Rs. 50,000/- each before the Investigating Officer with further condition that he shall not hamper the investigation or tamper with the prosecution evidence in any manner, whatsoever.