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| Court flags violation of arrest procedure, allows bail in rape case | | | Early Times Report
JAMMU, Aug 25: The Fast Track Court Jammu has granted bail to Ashok @ Bunty Chanotra (53), resident of Rehari Colony, accused in FIR No. 101/2025 under Sections 64 and 318(4) of the Bharatiya Nyaya Sanhita (BNS). The court, while allowing bail, made strong observations regarding procedural lapses by the police, particularly the failure to inform the accused of the grounds of arrest.
Ashok @ Bunty had sought bail on the grounds that he was falsely implicated due to a monetary dispute with the complainant, against whom he had already filed a cheque-bounce case under Section 138 of the Negotiable Instruments Act. His counsel argued that the allegations were fabricated to malign his reputation, stressing that the petitioner was a kidney transplant patient whose prolonged detention would endanger his health.
The prosecution opposed the plea, describing the offences as serious and non-bailable, asserting that bail would obstruct the ongoing investigation.
Presiding Officer Amarjeet Singh Langeh observed that although the prosecutrix alleged rape and blackmail over "128 objectionable videos," the investigating officer himself admitted that no such videos had been proven during investigation. The court also noted a considerable delay in lodging the FIR, and questioned why the prosecutrix, being a married woman, did not disclose the alleged assault to her husband immediately.
Significantly, the court referred to the arrest memo, which failed to record that the accused was informed of the grounds of arrest - a mandatory constitutional requirement. Citing the Supreme Court's ruling in Vihaan Kumar vs State of Haryana (2024), the court underscored that such failure renders an arrest vitiated and unlawful.
The court strongly remarked that the petitioner had been arrested in an "inexplicably unwarranted haste" and without being meaningfully informed of the grounds of arrest. While registration of the FIR was legally valid, the judge said it was equally expected of the SHO and his supervisory officers to justify the necessity of an immediate arrest in the given circumstances - a duty which they failed to discharge.
Having considered the delay, contradictions, and the stage of investigation, the court concluded that the accused had made out a case for bail. Ashok @ Bunty was ordered to be released on bail and surety bonds of ?20,000 each, subject to conditions. The court directed that a copy of the order be forwarded to the Senior Superintendent of Police, Jammu, for appropriate steps in light of its observations. (JNF) |
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