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| Court grants interim bail to accused allegedly involved in rape case | | |
Early Times Report
Jammu, Feb 03- Additional Sessions Judge Jammu DK Kapoor granted interim bail to one Romesh alias Nikka, who was arrested by the police on December 26, 2008 in connection with a gang-rape case with the direction that the accused shall furnish bail bond and personal bond to the tune of Rs 10,000 each as the statement of other girl is yet to be recorded. The Court also directed the applicant/accused that he shall surrender before the Court on February 18, 2009.
While granting interim bail to the alleged accused the Additional Sessions Judge Jammu, after hearing Adv YE Tak appearing for the applicant and APP for the state, observed that it is a duty of the Court to appreciate the nature of offence and severity of punishment but at the same time the Court cannot shut its eyes regarding the allegation against the accused. Indeed while grating bail, it is paramount in the mind of the Court that the presence of the accused should be secured for the purpose of completion of trial but at the same time, the bail cannot be refused on the mere allegation of a heinous offence, which is denuded of any legal evidence. It may be true at the time of granting bail that the Court has not gone deep in the matter for appreciating evidence collected by the investigating agency as it was to record a conviction or acquittal but nevertheless the prosecution/investigating agency must show blame worthy evidence on the basis of which the accused may be refused bail for the alleged heinous offence like the present in which applicant is facing. The fact that the accused has been in police/judicial custody for more than a month and in view of the statement u/s 164-A Cr PC made by the prosecutrix the applicant is admitted to interim bail
According to the police FIR on December 14, 2008 a case was registered u/s 342/376/34 RPC against three persons including applicant Romesh Kumar alias Nikka on the allegation that the accused persons had wrongfully confined two girls in a room at Bag-e-Bahu area Jammu in the late night of December 10, 2008 and the girls were allegedly sexually abused by these persons. JNF
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