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CJM Jammu denies bail to rape accused
9/9/2010 11:25:54 PM
Early Times Report
Jammu, Sept 9: Chief Judicial Magistrate Jammu MS Parihar today rejected the bail application of Sat Pal, Raj Kumar, Sham Lal all sons of Shanker Dass r/o Village Kalay Tehsil & District Jammu, Girdhari Lal and Abdul Gani who are allegedly involved in abduction and gang-raped with the wife of accused Sat Pal. According to police report a case has been registered on the basis of written report lodged by complainant Mrs. Kunti Devi sister of prosecutrix. Case was registered u/s 366/376/109/34 RPC at P/S Bahu Fort Jammu against the above named applicants. The allegation against the applicants is that they had abducted the prosecutirx from the Malik Market, Jammu and kept her at some unknown place and she was forcibly gang-raped by the four applicants and it has been alleged that prosecutirx has been gang-raped by the applicants at the instance of her husband Sat Pal.
It is alleged that the prosecutirx is having matrimonial dispute with her husband Sat Pal. The investigation in the case is being conducted SDPO City EAST Jammu. The statement of the prosecutrix has been got recorded u/s 164-A CrPC and as per the police report that on the basis of the evidence collected during investigation till date the offence u/s 366/109/34 RPC have been proved against Sat Pal and offence u/s 366/376/109/34 RPC have been proved against other four applicants. According to the police report the prosecutirx has become pregnant due to the Gang Rape committed by the four applicants.
The court after hearing the parties observed that as per the case dairy and report submitted by the police the allegation against the accused regarding commission of offence u/ss 366/376/109/34 RPC are of serious nature as the applicants are allegedly involved in the commission of Gang-raped of the prosecutirx. Court have considered the prayer of the applicants for bail in the light of various circumstances and in view of the facts and circumstances of the Court is of the view that there is very apprehension that in case of release of applicants, they will influence, threatened the witnesses are temper with the prosecution evidence and moreover the accused have allegedly committed serious offences having great effect on the society on the public at large and in view of the Court it is also not in the interest of public to release the accused and with these observations Court dismissed the bail application. ----JNF
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