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2025 DAILYLAW 12138 (JK)

RINKU KUMAR AND OTHERS v. UT OF J AND K TH S.H.O. POLICE STATION KATRA

Bail App/111/2025 · 2025-12-15

Ma Chowdhary

body2025

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Bail App No. 111/2025 Rinku Kumar & Ors. …..Appellant(s)/Petitioner(s) Through: None. q vs U.T. of J&K & Ors. .…. Respondent(s) Through: Mr. Sumeet Bhatia, GA. CORAM: HON’BLE MR. JUSTICE MA CHOWDHARY , JUDGE ORDER 15.12.2025 01. Applicants, through the medium of present bail application moved under Section 482 BNSS seek grant of bail, in anticipation of arrest, in a case registered vide FIR No.102/2025 on 07.04.2025 at P/S Katra against them for the commission of offences punishable under Sections 74/78 BNS read with Sections 11/12 of the Protection of Children from Sexual Offences Act, 2012 (for short ‘POCSO Act’). The petitioners vide interim order dated 02.05.2025 were admitted to interim anticipatory bail subject to objections from other side, by a co-ordinate Bench. 02. The respondents have filed objections to the application stating that the applicants were involved in the heinous offences committed against a minor girl on 07.04.2025 near Peer Baba, Chintamani, Katra as while they were in a group, one of them Ganeshu held her hand, pulled her dupatta and said ‘meine tere sath rape karna hai’; and thereafter when she was running away from the spot, all of them chased her, telling her to stop, however, she ran to the house of her sister and later lodged report at the Police Station. 05 2 Bail App No.111/2025 03. The plea raised by the applicants has been opposed by the non applicants, on the ground that the applicants have committed heinous offences against the person of a minor girl aged about 15 years. 04. Heard and considered. 05. Having regard to the nature of the offences and the gravity of the punishment provided therefor, this court is of the considered opinion that the applicants are entitled to be admitted to bail, in anticipation of their arrest. The applicants, in the peculiar facts and circumstances of the case, are not required for custodial interrogation. 06. As a result, the application is, thus, allowed and the interim bail granted to the applicants, vide order dated 02.05.2025 is made absolute subject to the same conditions. 07. Bail application is, thus, disposed of, as granted. (M.A Chowdhary) Judge Jammu 15.12.2025 Raj Kumar