1 Bail App. No. 30/2024 S. No. 76 Regular Cause List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR Bail App. No. 30/2024 Naseema Begum and Ors. …Appellant/Petitioner(s) Through: Mr. Sheikh Manzoor, Advocate Vs. Station House Officer Police Station, Kupwara ...Respondent(s) Through: None CORAM: HON’BLE MR JUSTICE VINOD CHATTERJI KOUL, JUDGE O R D E R 05.05.2025 1. This bail application has been filed under Section 438 Cr.P.C. Applicants are mother and sister of the minor-accused, seeking bail in anticipation of arrest in FIR No. 207/2023 dated 13.08.2023 registered in Police Station, Kupwara, for the offences punishable under Sections 363, 376 IPC and 3/4, 17 POCSO Act. Applicants allege that they have been falsely implicated in the aforesaid FIR. 2. Briefly stated facts leading to filing of instant bail application are that on 13.08.2023, an FIR under Section 363, 109 IPC came to be registered in Police Station, Kupwara. and on the basis of complaint lodged by father of the victim girl, namely, Miss X aged about 11-12 years alleging therein that his minor daughter was abducted by son of petitioner No.1, who is also a Class 9th student of one of the prestigious and renowned schools of Kupwara, namely, Kupwara Public School. The minor-son of petitioner, after registration of FIR, was arrested, however, all the family members including husband of petitioner No.1, who is working in Border Security Force and posted in Manipur, was also implicated initially in the FIR, but on production of his duty slip on the alleged day of occurrence, the husband of petitioner No.1 was dropped from the array of accused persons. 2 Bail App. No. 30/2024 However, to the extent of petitioners the concerned police is hell-bent and adamant to arrest them in the aforementioned FIR. The son of the petitioner No.1 was released on bail by Juvenile Justice Board Kupwara, vide order dated 03.10.2023, and subsequently challan came to be presented against the said minor-son of petitioner No.1 before Juvenile Court at Kupwara. 3. It is submitted by learned counsel for applicants that applicants have been falsely implicated under Section 17 of the POCSO Act for abetment of the offence and have challenged the said FIR in petition bearing CRM(M) No. 613/2020 filed under Section 482 Cr.PC, in which respondents were directed to produce case diary. It is further submitted by learned counsel for the applicants that petitioner No.1, is suffering from a dreadful disease Carcinoma for last couple of years and is under constant treatment of SKIMS Soura Srinagar and petitioner No.2 is pursuing nursing course in Government AMT School, Baramulla. 4. This Court vide order dated 28.03.2024 directed the Investigating Officer of Police Station, Kupwara, that in the event of arrest of applicants, they would be set free on bail subject to any terms and conditions as he deems fit to be imposed against them. 5. Respondents, despite availing numerous opportunities, have not filed objections. This Court vide order dated 29.07.2024 granted last and final opportunity to respondents to file objections and again on 31.12.2024, a Coordinate Bench of this Court granted one more opportunity to them to file objections, failing which right to file the same shall stand closed. Respondents have not filed objections till date. 6. From the conduct of respondents, it is evident that they have no objection if this bail application is allowed, otherwise they would have filed objections. 7. Having regard to the facts and circumstances of the case and the fact that the respondents despite availing numerous opportunities have neither filed objections nor appeared today, this bail application is allowed and it is directed that in the event applicants are arrested, they 3 Bail App. No. 30/2024 shall be released subject to the condition that they will furnish a personal bond to the tune of Rs.50,000/- each with a surety of the like amount to the satisfaction of the Investigating Officer on the following terms and conditions:- (i) That they shall cooperate with investigation of the case as and when required to do so by Investigating Officer concerned. (ii) That they shall not leave the territorial jurisdiction of this Court without prior permission. (iii) That they shall not directly or indirectly make any inducement, threat or promise to any person or persons acquainted with the facts of the case so as to dissuade him/them for disclosing such facts to the court or to any police officer (iv) That they shall not obstruct or hamper the investigation of the case and not to play mischief with the evidence collected or yet to be collected by the police; (v) That they shall not involve themselves in any other criminal activity during the period of bail. 8. Disposed of. (VINOD CHATTERJI KOUL) JUDGE SRINAGAR 05.05.2025 Manzoor Manzoor Ul Hassan Dar I attest to the accuracy and authenticity of this document Srinagar 21.05.2025 17:34