Court reject bail in gang rape case
JKUT (Jammu), July-01-2021-( JNF):- Court rejected the bail application of Faquir Ali who was arrested by the police in Gang Rape case.
According to the police case that victim had presented a complaint in the court of Chief Judicial Magistrate Udhampur & in terms of Section 156 (3) of the Cr.P.C the complaint was forwarded to the police for investigation. Thereafter, the Police has registered FIR No. 69/2021 for commission of offence under Section 376 IPC aganist the applicant & two more accused persons. Police report further reveals that on 5.02.2021 at about 6 a.m the complainant/ victim was at her parental home at Nalli Mallah Udhampur. All of sudden, the accused person in pursuance of criminal conspiracy entered into the house and started beating the complainant. The accused no.3 Faquir Ali put down the complainant on the ground i.e floor of the room and caught hold her arm tightly, accused no.2 Roshan Din tightly hold and sat on her legs and accused No.1 Mohd benia frocibley caught hold the complainant and open his pant( Salwar) and forcibly entered male organ repeatedly in her mouth and in the mishap the clothes of the complainant became dirty. The complainant raised hue and cry and brother of the complainant came on the spot thereafter, the accused person fled away and leaving house extended threat to her life. Police in the course of investigation has recorded the statement witnesses. The statment of victim/complainant was recorded in terms of section 164 Cr.P.C where in the prosecutrix/ victim has supported the contents of the FIR & her complaint. Police report further reveals that offence under section 376-D is made out against the accused / applicant.
Additional Sessions Judge Udhampur SC Katal after hearing APP Himanshu Parkash for the UT whereas Adv Shamim Ahmad for the applicant observed that in the case in hand from the perusal of the record and statement of the prosecutrix / victim, a prima facie case is made out U/S 376-D of IPC for further investigation into the allegations leveled against the accused/applicant. The allegations against accused/applicant are serious in nature and the investigation of the case is at its initial stage & in this scenerio possibility of threat to the victim cannot be ruled out. Rape is a crime not against an individual but a crime which destroys the basic equilibrium of the social atmosphere. It is to be kept in mind that an offence against the body of a woman has tendency to lowers her dignity and mars her reputation. No one has any right of violate the body of victim. As such bail application filed by the applicant stands rejected. JNF