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2025 DAILYLAW 2890 (JK)

MOHAMMAD RAZAK v. UT OF J AND K TH S.H.O. POLICE STATION DODA

Bail App/104/2025 · 2025-04-15

Sanjay Dhar

body2025

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Bail App No. 104/2025 c/w CRM(M) No. 321/2025 CrlM No. 626/2025 Mohammad Razak …..Appellant(s)/Petitioner(s) Through: Mr. Satyajeet, Advocate vs UT of J&K .…. Respondent(s) Through: Coram: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE ORDER 15.04.2025 CRM(M) No. 321/2025 1. The petitioner has filed the present petition for quashing FIR No. 60/2025 for offences under Section 420, 406, 468, 471, 506 and 120-B IPC registered with Police Station, Doda. Along with this petition, an application for grant of bail in anticipation of arrest of the petitioner in the aforesaid case has also been filed. 2. According to the petitioner, the allegations made in the impugned FIR are absolutely false and frivolous, inasmuch as, the vehicle which is the subject matter of the impugned FIR stands purchased in the name of respondent No. 4 to his knowledge and in this regard, he has also repaid part of loan amount to the finance company and has even corresponded with the said company seeking time to liquidate the loan amount. Learned counsel for the petitioner has submitted that in the face of this admitted position, it does not lie in the mouth of respondent No. 4 to allege that the documents relating to the vehicle Serial No. 40 2 Bail App No. 104/2025 c/w CRM(M) No. 321/2025 have been forged by the petitioner in order to purchasse the said vehicle for himself in the name of respondent No. 4. 3. The contentions raised by the learned counsel for the petitioner find prima facie support from the documents placed on record. 4. Issue notice to respondent Nos. 1 to 3 through Mr. Adarsh Bhagat, GA. Notice be issued to respondent No. 4 through concerned Police Station. 5. List on 28.05.2025. 6. In the meanwhile, investigation in the impugned FIR shall remain stayed. Bail App No. 104/2025 7. Keeping in view the fact that investigation in the impugned FIR has been stayed by this Court by way of separate order passed in CRM(M) No. 321/2025, no further order is required to be passed in this application at this stage. The application is disposed of. (SANJAY DHAR) JUDGE Jammu 15.04.2025 Neha-II