Additional Sessions Judge Kathua Jatinder Singh Jamwal today rejected the bail application of one Naseed Ahmed S/o Zakir Hussain R/o Beril,Tehsil: Billawar, District: Kathua who was facing trial in FIR NO. 148/2019 of Police Station: Billawar for offences under section376,307,325,458,382 of IPC read with section 201 IPC.
Additional Sessions Judge Jatinder Singh Jamwal after hearing APP Vikrant Sharma for the UT observed that the charges against the accused were framed for the commission of offences (supra) and the prosecution was directed to adduce its evidence in the case. However, thereafter no effective proceedings could be conducted in the present case due to the prevailing situation on account of COVID-19 pandemic and resultantly not a single witness has been examined by the prosecution so far. Taking that into account and without commenting anything on the merits of the case of prosecution,it is noticed that the arguments put forth by the Ld. APP whilst resisting the plea for grant of bail are well-merited and can not be brushed aside at this stage of the case when all the material witness for the prosecution, including the prosecutrix, are yet to be examined. His contention regarding the brutality with which the offence is stated to have been committed is equally worthy of merit and in the said context, it is pertinent to notice here that the prosecutrix in her statement, recorded under section 164 of Cr.P.C, has narrated in detail about the way and manner in which the offence was committed. In this view of the matter, I have no hesitation in observing that the accused does not deserve the concession of bail in the present case not withstanding the fact that no definitive opinion regarding the sexual assault has been mentioned in the medico-legal opinion prepared after the medical-examination, which was conducted almost about 7 days after the purported occurrence, of the prosecutrix. That apart, possibility of him, in case of the accused being admitted to bail, influencing the prosecution-witnesses or fleeing from justice can not be ruled out. With these observations Court rejected the bail application.