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2025 DAILYLAW 3852 (JK)

NEELAM DEVI v. VIVEK SAWHNEY AND ANOTHER

Bail App/190/2025 · 2025-07-16

Rajesh Sekhri

body2025

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Bail App No.190/2025 Neelam Devi …..Appellant(s)/Petitioner(s) Through: Mr. Arshad Majid Malik, Advocate. q vs Vivek Sawhney & Anr. .…. Respondent(s) Through: None. Coram: HON’BLE MR. JUSTICE RAJESH SEKHRI, JUDGE ORDER 16.07.2025 01. The applicant, stated to be the victim/prosecutrix, in case FIR No.0018 dated 03.03.2025, for offences under Sections 376/323/504/506 IPC, is aggrieved of order dated 06.06.2025, passed by learned Fast Track Court, Jammu [“the trial Court”], vide which respondent No.1 came to be enlarged on interim bail, primarily on the ground that she was not afforded an opportunity of being heard. 02. Learned counsel for the applicant submits that he will be satisfied, if learned trial Court is directed to accord a reasonable opportunity of being heard to the applicant before deciding the application. Statement is taken on record. 03. Having regard to the limited nature of controversy and an innocuous prayer made by learned counsel for the applicant, the present application is allowed with a direction to learned trial Court to afford an opportunity of being heard to the applicant/prosecutrix before taking the final call. 04. Disposed of. (Rajesh Sekhri) Judge Jammu 16.07.2025 Eva Sr. No. 62