Principal Sessions Judge Ramban Kishore Kumar rejected the bail application of one Ashiq Hussain S/O Gul Mohd R/O Sar Mundhar Kastigarh District Doda who was allegedly involved in rape and murder case.
Court after hearing both the sides observed that after Perusal of the police report reveals that on 30.07.2020 police agency of Police Station, Banihal received an information from the reliable sources that one dead body of a woman is lying in a decomposed condition lying at Thandi Shawan Jungle. The proceedings under Section 174 Cr.P.C were commenced and during the proceedings it was surfaced that victim named not disclosed aged about 20/21 years was raped by accused Ashiq Hussain continuously on the pretext of getting marriage with her. Due to the forced repeated sexual assault committed upon victim, she became pregnant and the accused compelled her to abort the pregnancy which was not agreed by the victim. Thereafter a conspiracy was hatched and the victim was called on the pretext of executing Nikaah with the accused Ashiq Hussain and taken to some unknown place in the jungle by accused Nisar Ahmed. She was kept in a dhok for one night and on next day i.e 30.06.2020 she was killed brutally by the accused Nisar Ahmed. The accused Ashiq Hussain had engaged a supari killer namely Nisar Ahmed to kill the victim. An advance payment of Rs. 30,000/- was paid to the accused-Nisar Ahmed through money transfer by the J&K Bank. Both the accused persons have been arrested and are in custody.
Principal Sessions Judge Ramban Kishore Kumar further observed that It is true that offences of abduction, rape and murder are more serious offences in the society and the person who is prima facie found to have committed such offences is not entitled to the concession of bail. The offences more particularly against the woman have been viewed to be offences against the society at large and letting the accused on bail in such heinous offences, if prima facie, committed, would definitely have deleterious effect on the mind of general public and would encourage re-occurrence of such crime.” It is true that grant of bail is a matter of judicial discretion, however, the discretion cannot be exercised too loosely particularly in heinous offences of serious nature/matters of grave concern, where trial deserves to be concluded expeditiously. Moreover, in view of the discussion made herein above, accused cannot be admitted to bail in such a heinous and gruesome crime committed against an innocent girl, by raping and thereafter killing her. For the foregoing reasons, Court is of the view that petitioner has failed to make out a case for granting the bail in his favour, as such, his bail application is rejected.JNF