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| Court rejects pre-arrest bail plea of cop in rape case | | | EARLY TIMES REPORT
JAMMU, Apr 25: Additional Sessions Judge Udhampur SR Gandhi today rejected pre-arrest bail application of one constable namely Sgct Zaheer Ullah, son of Ghulam Ahmed Naik of Ahadabad Kuluhand Tehsil Bharat Bagla District Doda, who was booked by the police in rape case.
According to the police case that FIR stands registered against the petitioner on the complaint made by the prosecutrix alleging that the accused-petitioner had sexual intercourse with her at various places from December 2017 to ending April 2018 in consideration of taking legal action against Vijay Kumar Sharma-accused in earlier case registered at Police Station Pir Mitha where at the relevant point of time the petitioner was posted. The matter was enquired into by the police department and consequently on the basis of enquiry report FIR stand registered against the petitioner.
While rejecting the pre-arrest bail application filed by applicant, Additional Sessions Judge Udhampur SR Gandhi observed that allegations against the petitioner are that he in consideration of taking legal action against the accused of earlier case subjected the prosecutrix to sexual intercourse at various places on number of occasions which fact is denied by the petitioner.
It is evident from the record that before the registration of FIR the matter was thoroughly enquired into by the Department of the petitioner in which he is serving and on its basis the FIR was registered. It is not the case that FIR was registered on the basis of unsubstantiated allegations. The point for consideration in this application for bail is that whether in the facts and circumstances of the case the petitioner is entitled to bail as sought by him.
No doubt the departmental enquiry and a criminal case are separate aspects but at the initial stage of the investigation it pinpoints the involvement of the petitioner in the crime which is sufficient to prima facie belie the innocence and false implication of the petitioner.
In the considered opinion of the court having regard to the nature and gravity of the offence which is prima facie substantiated by the material on the record and in the facts of the case, no case for grant of anticipatory bail is made out by the petitioner. --(JNF) |
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