The Bold Voice of J&K

Pre-arrest bail denied to two in rape case

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JAMMU: Principal Sessions Judge Kathua Vinod Chatterji Koul on Wednesday rejected the pre-arrest bail of Javed Ahmad, son of Mohd Kasim and Ayub Ahmad alias Mohd Ayub, son of Mohd Din, both residents of Dodala, Tehsil and District Kathua who were allegedly involved in a rape case.
After hearing both the sides, the Judge observed that a report was called from the concerned Police Station, which revealed that the petitioners were apprehending their arrest in case FIR 4/16 for offences punishable under Sections 376, 341 and 109 RPC.
“The investigation of the case is at its initial stage. Petitioners are absconding after the commission of offence and their custodial interrogation is required for the purpose of investigation”, with these observations, the Court said that the object of anticipatory bail is to relieve a person from unnecessary apprehension or disgrace.
“The sine qua non of this provision is that when any person has a reason to believe that he may be arrested on an accusation of having committed a non-bailable offence, he may apply to High Court or Court of Session. Anticipatory bail cannot be granted as a matter of right nor should it be lightly granted. The main object of incorporation of Section 497-A CrPC is that the innocent people are saved from false implications, but when there is prima facie proof in support of the allegations of serious nature, such discretion cannot be used in favour of such defaulter”, the Judge observed, adding that in this case, the offences alleged to have been committed by the petitioners are serious and in such offences, they cannot be allowed to be released on bail in anticipation of their arrest.
With these observations Court rejected the bail.

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