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| HC grants interim bail to accused in rape case | | | Early Times Report
JAMMU, Feb 26: Justice Mohan Lal of Jammu & Kashmir and Ladakh High Court while granting interim bail to accused in rape case observed that Courts owe more verbal respect to the principle that punishment begins after conviction, and that every man is deemed to be innocent until duly tried and duly found guilty.
Justice Mohan Lal Manhas of J&K and Ladakh High court has granted interim bail to alleged accused Mohd Ayub Ayan of Mahore Distt Reasi in an alleged case of rape where the accused was inside the jail and facing trial.
Advocate A.K Sawhney appeared for accused Mohd Ayub Ayan and urged before the High court that infact no rape is committed in the case rather Police has misused its authority in connivance with complainant to take revenge from petitioner who is public spirited person and has implicated falsely him.
Adv Sawhney submitted that the accused was arrested and was in continuous arrest since then and the medical reports do not support the case of the prosecution as they do not indicate any rape. He submitted that petitioner who is alleged accused, is a social activist, public spirited person and R.T.I. activist having vast experience and is of sixty years of age He used to protest for the cause of general public and in one of such case he protested against D.S.P. and S.H.O police station Mahore that they were not registering F.I.R. pertaining to rape of minor. In the context he wrote the complaints to the entire administration. The then S.H.O. Dy.S.P.Mahore threatened the petitioner that he will implicate the petitioner in some false case where he will not come out of jail for several years. Ultimately the complainant was projected by these officers, who and she moved the false complaint before Police. A quid pro quo worked between the complainant and these Police officers and petitioner was falsely implicated and arrested on 13th Oct 2020. Adv Sawhney urged the matter must be got investigated by C.B.I agency against police officers who hushed the serious matter pertaining to security of the state. Justice Mohan Lal after hearing the parties observed that on 24.08.2021 charges have been framed against accused and till date the statements of few witnesses including that of victim has been recorded. For the last more than 16 months accused is lying in detention. As the material witness victim/prosecution has been recorded, and even if there is prima facie case against the petitioner, that approach of the court in the matter of bail should be that accused should not be detained by way of punishment, and when the material witness has been recorded there is no question of influencing the prosecution witnesses.
Justice Mohan Lal after hearing both the sides observed that in view of the aforesaid discussion, as the trial is yet to be completed applicant/accused at this stage has made out a strong case for interim bail in his favour, and even there would no danger of the course of justice being thwarted if applicant/accused is enlarged on bail in view of the fact that statement of victim/prosecutrix has been recorded by the trial court. The bail application succeeds and the same is allowed. —JNF |
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