HC reject bail plea in rape case
JKUT (Jammu), December-03-2021-( JNF):- Justice Rajnesh Oswal of J&K High Court rejected the bail application of one Adish Sharma who was facing trial in rape case.
According to the police case that on 09.09.2017, the prosecutrix along with her mother lodged a written report with the Police Station, Domana to the effect that they were staying as tenants at Udhaywala, Jammu and on 13.08.2017 when she was coming from school and waiting for a Matador at Marh Chowk at about 1300 hours, the petitioner came to her on his motor cycle and asked her to sit with him forcibly and took her to his Grand View Palace and forcibly committed rape with her over there. After committing rape, the petitioner threatened her not to disclose the incident to anyone otherwise he would kill her and members of her family. Pursuant to this, the aforementioned FIR was registered.
Justice Rajnesh Oswal after hearing Adv Rozina Afzal for the petitioner whereas AAG Aseem sawhney for the UT observed that allegations against the petitioner are serious in nature and this Court, while considering the bail application, cannot examine the merits of the evidence, particularly, in view of the fact that it is not a case in which the prosecutrix has turned hostile. Whether her statement is sufficient to prove the guilt of the petitioner or not, is required to be seen by the trial Court while appreciating the evidence. This Court has refrained itself from returning any finding qua the merits of the case, lest it shall prejudice either of the parties during the course of the trial. The allegations against the petitioner are serious in nature. Out of total 11witnesses, only three witnesses have been examined by the prosecution and even the brothers of the prosecutrix are yet to be examined. Earlier because courts were functioning in restricted manner due to Covid-19 pandemic and it too has led to some delay in the conclusion of trial. In view of the fact that the petitioner is in custody for four long years and the prosecution has examined only three witnesses, this Court deems it proper to fix a time schedule for conclusion of the prosecution evidence instead of granting the bail to the petitioner as the allegations are serious in nature and the brothers of the prosecutrix are yet to be examined. With these observations, High Court rejected the bail application. JNF