Principal Sessions Judge Reasi Kamlesh Pandit rejected the bail application of one Prem Singh who was allegedly involved in Gang Rape case and a FIR 101/2018 Police Station, Reasi Offences under Section 376 D/109 RPC was registered.
While rejecting bail application, Principal Sessions Judge Reasi Kamlesh Pandit observed that allegations against accused person are serious and trial is going on for offences allegedly committed by accused. Rape or attempt to rape is a crime not against an individual but a crime which destroys the basic equilibrium of the social atmosphere. The incident of rape creates an incurable dent in the fabric of the social milieu and society as the whole is compelled to suffer. It is to be kept in mind that an offence against the body of a woman lowers her dignity and mars her reputation. It is said that one’s physical frame is his or her temple. No one has any right of encroachment. The scrutiny of evidence needs to be done keeping in mind the distinction between the standard to be adopted for evaluating the evidence for proving the charge and that for examining the evidence for limited purpose of drawing prima facie opinion for releasing the accused on bail. In order to come to the conclusion that a person is guilty the court must consider the nature and character of the evidence, and in case, on consideration of such evidence, the court prima facie comes to the conclusion that the evidence against the accused person is not such that he has committed offence, then , in the normal course said person is entitled to bail. In the present case, there is no dispute that the accused has been charged for the offences punishable under Sections 376-D/ RPC. Only 03 witnesses till date have examined by the prosecution out of 14 witnesses and witnesses produced by prosecution till date have not exonerated the accused/applicant herein. Also as per section 497-C of Cr. P.C (State code, before Reorganization), there is a statutory bar for bailing out accused unless court comes to prima facie opinion that allegations against him are not true. Therefore in view of the given facts and circumstances, the bail application appears to be premature.