PANKAJ SHARMA Vs. UNION TERRITORY OF J&K
LAWS(J&K)-2020-12-13
HIGH COURT OF JAMMU AND KASHMIR
Decided on December 02,2020

PANKAJ SHARMA Appellant
VERSUS
Union Territory Of JAndK Respondents




JUDGEMENT

SANJAY DHAR,J. - (1.)Through the medium of instant petition the petitioner is seeking bail in FIR No.78/2020 for offences under Section 121 IPC and Section 3 of Enemy Agents Ordinance Svt. 2005.
(2.)It is the case of the petitioner that he has been arrested on 04.03.2020 at Police Nakka, Sabzi Mandi, Main Gate, Narwal, Jammu in the aforesaid FIR. It is further averred that after completion of the investigation of the case, challan has been filed before the Court of Principal Sessions Judge, Jammu on 02.06.2020. It is contended that a perusal of the challan reveals that a false, frivolous and vexatious case has been lodged against the petitioner and the offences for which he has been booked are not made out from a plain reading of the challan.
(3.)It is further averred that the petitioner had moved an application for grant of bail before the learned trial Court but the same was rejected vide order dated 14.08.2020. According to the petitioner, the learned trial Court, while rejecting the bail application of the petitioner, has not appreciated the correct position of law and has not considered the facts and circumstances in right perspective. It is also averred that antecedents of petitioner are clean and he has been roped in a false case. Lastly, it has been averred that petitioner will abide by the conditions of bail, in case he is enlarged on bail.
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