HC grants pre-arrest bail to then SHO booked by VOJ

19/07/2018

JAMMU, Jul 18: State High Court grants pre-arrest bail to SHO Manjakote who was allegedly booked by the VOJ. Justice J R Kotwal while granting pre-arrest bail to Mehmood Ahmed Khan then SHO Manjakote observed that it is admitted case of both the sides that in the charge-sheet under section 376 RPC the accused therein, that is, son of the complainant has been acquitted by the court of the learned Additional Sessions Judge, Rajouri by virtue of judgment dated 22.01.2016.
It is admitted also that the complaint leading to the registration of the FIR against the petitioner was filed by the complainant on 07.05.2016 and after verification the FIR came to be registered on 31.05.2018.
It is also a common ground that in the verification report (annexure-C), the Verifying Officer had recommended closure of the complaint as not proved but in spite of that FIR has been registered. The judgment dated 22.01.2016 rendered by the trial court would show that the prosecutrix therein had initially made incrementing statement against the accused in her statement recorded under section 164-A Cr.P.C. She, however, resiled from the said statement at the trial and exonerated the accused. In regard to her statement recorded in terms of section 164-A Cr.P.C. she, while admitting her signature on the said statement, in one breath denied the correctness of the contents thereof and in the same breath stated that the statement was made by her on asking of the Police.
The Trial court seems to have accepted the statement made by the prosecutrix at the trial and, therefore, acquitted the accused therein without, however, showing any seriousness to the prosecutrix's U-turn from the statement made under section 164-A Cr.P.C. Having regard to the backdrop in which the complaint leading to the registration of FIR by the VOJ has been filed, this is a fit case where the petitioner can be held entitled to anticipatory bail as sought by him.
With these observations High Court allowed the bail application and ordered that in the event of his arrest, he shall be released on his furnishing personal bond with a surety in the amount of Rs. 50,000/ each.
According to the VOJ case that on the basis of a complaint lodged by one, Muneer Hussain, after verification by the Vigilance Organization. It has been alleged by the complainant that the petitioner (accused), while posted as SHO, Police Station, Manja-kote, falsely implicated his son, Mohd. Tariq in a case under section 376 RPC.
He demanded three lakh rupees from the complainant as illegal gratification for saving the life of his son. Complainant could arrange and pay the petitioner 2.70 lakh rupees only but the petitioner ultimately filed the charge-sheet against his son. JNF

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