UNION TERRITORY THROUGH POLICE STATION MAISUMA (HOME) v. SAHIL JAVEED SOUDAGAR AND ANR.
Bail App/124/2024 · 2025-05-19
Vinod Chatterji Koul
body2025
DailyLaw.ai
[ 2025 DAILYLAW 12502 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 12502 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HIGH COURT OF JAMMU &KASHMIR AND LADAKH AT SRINAGAR … Bail App no.124/2024
UT of J&K through SHO P/S Maisuma, Srinagar …….Petitioner(s)
Through: Ms. Rekha Wangnoo, GA
Versus
Sahil Javeed Soudagar and another ………Respondent(s)
Through:
CORAM:
HON’BLE MR JUSTICE VINOD CHATTERJI KOUL JUDGE
O R D E R 19.05.2025
1. Bail granted by the Presiding Officer, Fast Track Court for POCSO Cases, Srinagar (for short “Trial Court”), in case FIR no.11/2023 of police station Maisuma for offences under Section 363, 376-D & 159 IPC read with Section 5/6, 16/17 POCSO Act, vide order dated 6th May 2024, is sought to be cancelled.
2. I have heard counsel for applicant and considered the matter.
3. A written complaint was lodged in police station Maisuma, Srinagar, on 20th June 2023, alleging therein that prosecutrix, aged about 14 years, left home on 19th June 2023 and did not return. FIR no.11/2023 was registered. During investigation, victim was recovered from Zero Bridge, Srinagar and her statement and that of other witnesses was recorded. Challan was presented before the Trial Court on 5th August 2023 and the accused/respondents were charged on 2nd September
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2023. They denied charges and therefore, prosecution was directed to lead evidence. Prosecution produced victim before Trial Court on 6th November 2023. Her statement was recorded. Prosecution examined five witnesses till issuance of order impugned dated 6th May 2024, granting bail in favour of respondents.
4. According to applicant, respondents have been charged with heinous offence and trial is at the stage of prosecution evidence. Trial Court has ignored the gravity of offences committed by accused/respondents while granting bail.
5. Perusal of impugned order reveals that statements of complainant and prosecutrix have been deposed and there remains only official witnesses to be examined, who could not be influenced by accused and it is only after observing all these aspects of the matter that the Trial Court has passed order impugned granting bail in favour of accused persons. It is pertinent to mention here that impugned order does not call for any interference and as such, the instant application is dismissed.
(VINOD CHATTERJI KOUL)
JUDGE SRINAGAR 19.05.2025 Imtiyaz
Imtiyaz Ul Gani I attest to the accuracy and authenticity of this document 16.07.2025 15:01