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| Court rejects bail in rape case | | | Early Times Report
JAMMU, Dec 17: Principal Sessions Judge Samba MK Sharma today rejected the bail application of Subash Singh allegedly involved in rape case.
According to the police case that that on 31.12.2015, the victim along with her fiancée Ashwani Kumar had gone to an Ashram at Ranjri and at about 7:30 PM, the accused persons took away the victim and her fiancée Ashwani Kumar and the co-accused Amit Singh committed rape upon the victim at the instigation of the petitioner/accused. On conclusion of the investigation, the police filed charge sheet against the accused Amit Singh for the commission of offence u/s 376 RPC and against the petitioner/accused Subash Singh for the commission of offence u/s 376/109 RPC. Accordingly, the charge was framed against the aforesaid accused persons and the trial commenced. During the course of trial, victim appeared in the court and her statement was recorded. During the course of examination, the victim deposed that the petitioner/accused Subash Singh committed rape upon her and not the accused Amit Singh. She has also stated that in her statement recorded u/s 164-A Cr.P.C, she named Amit Singh to have committed rape upon her because she thought Subash Singh to be Amit Singh. After the deposition of the victim, the charge against the petitioner/accused Subash Singh was amended and he was charged for the commission of offences u/s 376 RPC. The petitioner/accused was admitted to interim bail on 17.10.2017, and this interim bail continues till date.
Principal Sessions Judge Samba MK Sharma after hearing Public Prosecutor BS Charak for the State whereas Adv Vijay Gupta for the accused observed that in the instant case the petitioner/accused has been charge sheeted for the commission of offences punishable u/s 376 RPC. The trial is in progress. The statements of most of the material witnesses including the victim have been recorded. From the statement of the victim, Court is of the opinion that the accusation against the petitioner/accused is prima facie true. Therefore, there is a statutory bar for grant of bail to the petitioner/accused. Principal Sessions Judge Samba MK Sharma observed that 10. In these circumstances, the petitioner/accused has failed to make out a case for being released on bail. The application deserves dismissal and is accordingly dismissed. Interim bail granted to the petitioner/accused is cancelled. The petitioner/accused shall surrender in Sub Jail Hiranagar within one week from the date of this order. (JNF) |
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