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| Bail of accused involved in alleged rape, kidnapping case rejected | | |
JAMMU, JUNE 15:- Duty Magistrate Amit Gupta rejected the bail application of Manu r/o Talab Tillo Jammu who was arrested in case of alleged rape and kidnapping.
Duty Magistrate Amit Gupta while rejecting the bail application of the accused after hearing both the sides observed that the counsel appearing for the applicant argued that the girl has been recovered from one of her relations house Jammu and there was prior intimacy between the accused and the alleged abducted girl. Moreso the girl was not recovered from the accused who was arrested from his house at Talab Tillo Jammu. He further argued that the accused has been arrested in frivolous case. On the other CPO Mr. MA Manhas submitted that the investigation in the case is still going on and as per certificate the age of the girl is below 18 years and for that matter she is minor. CPO further submitted that the medical opinion in the case is awaited and as per the statement of prosecutrix rape has been committed upon her by the accused and also perused the police report in which it has been submitted that accused has been arrested on June 8, 2007 on the basis of written report lodged by the father of the girl who has alleged that his daughter was forcibly abducted. Moreover the prosecutrix in her statement made to the police has specifically alleged about the commission of rape, which fact cannot be lost sight while considering the bail application. It may also be added that as per CD File a certificate regarding date of birth of prosecutrix is annexed the age of the prosecutrix is below 18 years. One more important factor is the medical opinion which is yet to be received. With these observations, Court rejected the bail application of the accused
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