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Interim bail denied to rape accused
7/20/2012 12:34:45 AM
Early Times Report

Jammu, July 19 (JNF): 2nd Additional Sessions Judge Jammu Mr. Subash C Gupta today denied interim-bail to Ajay Jamwal who was allegedly facing trial in kidnapping and rape case.
According to the police case that on the 23.04.2010, prosecutrix, was kidnapped by accused-petitioner and one unknown person, under the pretext that her mother had met with an accident and is presently hospitalized. It is contained in the allegations that the accused-petitioner and another unknown boy, taken her to an abandoned house where she was kept under lock for six days. It is further alleged that accused-petitioner committed forcible sexual intercourse with her, for the period she remained under his illegal confinement. Initially, police lodged a FIR for commission of offence u/s 363 RPC, vide FIR no. 104/ 2010 of P/S Domana. After investigation, police proved the commission of offence u/s 363/376/343/109RPC against the accused -petitioner and offence u/s 363/109 RPC against the other accused.
The bail application filed by the accused-petitioner seeking interim bail on the ground that there is no male member in the family to look after his ailing mother, suffering with various severe diseases. He has enclosed certificate of doctor, Specialist in Chronic Diseases, Hypertension, Gastrointestinal problems.
2nd Additional Sessions Judge Jammu Mr. Subash C Gupta after hearing both the sides observed that Undisputedly, mother of the accused-petitioner, is under treatment .
She is advised for complete rest for three weeks. Nothing is required to be done by the accused-petitioner. It appears that he wanted to enjoy fresh air outside the jail, which cannot be allowed, as he is facing the trial for commission of offence of rape. Statement of prosecutrix is yet to be recorded. There is every possibility of his influencing the prosecution witnesses, much less the prosecutrix, who is kept at the radar of this court, so that her truthful and independent statement, as witness is obtained. With these observations court dismissed the bail application.
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