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| Kishtwar Court denies bail to accused | | Rape case of blind girl | | Asif Iqbal Naik
Kishtwar, Sept 7: Principal District and Session Judge Kishtwar, Pawan Dev Kotwal has rejected the bail application of two territorial army personnel Sajjad Hussain Sheikh son of Ghulam Ali Sheikh resident of Palmar Kishtwar and Daya Krishan son of Chuni Lal resident of Suid Dachhan Kishtwar allegedly involved in rape of 22 year old blind girl of Patimhala area of Kishtwar District. The accused with the help of their seniors were evading arrest since last one year in FIR No: 279/2011 dated 6-10-2012 U/Ss 454/376/109 RPC.
The accused moved the application u/s 497-A Cr.Pc. The Public Prosecuting Officer R.K Ghoswami strongly resisted the bail application on the grounds that applicants/accused are involved in heinous offence and in the event of grant of bail, the accused will influence the witnesses and can tamper with the prosecution evidence.
While rejecting the bail, the Court stated that after going through the police report and CD file minutely and further stated that the offences allegedly to have committed by the accused/applicants are heinous, carrying punishments up to life imprisonment and therefore, ordinarily in such circumstances anticipatory bail needs to be denied.
Though the learned defense council appeared for the accused raised certain points regarding certain lapses in the investigation and omissions in the evidence so far collected, but the Court was of the considered view that looking into the gravity of offence, such lapses or omissions including that the applicants herein were not named in the FIR, need not to be considered in a motion for anticipatory bail as merits of the allegations are to be left for consideration of the competent court in a motion for regular bail.
The Court also stated that the applicants have failed to make out a case for exercise of discretion for grant of anticipatory bail and therefore the application stands dismissed.
However the accuse are at liberty to approach competent court for regular bail.
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