SRINAGAR, June 3: High Court has denied bail to an employee accused of multiple sexual assaults on a woman citing the compromise between the parties cannot dilute the seriousness of offence.
The accused Farooq Ahmad Dar of Lolab, Kupwara through the medium of the instant application, sought grant of bail in a case arising out of FIR No. 17/2022 registered under Sections 376 and 506 IPC, at Police Station Women Wing Kupwar, on 13.06.2022.
Dar submitted that he has been falsely implicated due to long-standing family disputes arising out of his marriage with the mother of the prosecutrix. It is contended that the prosecutrix herself had approached the son of the applicant for filing a petition under Section 482 Cr PC before this court seeking quashing of the FIR, which according to counsel materially affects the credibility of the prosecution case.
The court, however, refused to entertain such arguments said the rape is a non-compoundable offence and compromise between the parties cannot be a ground to take a lenient view in such matters.
“The contention raised by the applicant regarding filing of a petition under Section 482 Cr PC seeking quashment of FIR also cannot, at this stage, dilute the seriousness of the allegations levelled against the applicant. The circumstances under which such petition came to be filed and subsequently withdrawn are issues which require proper appreciation during trial proceedings”, read the judgment.
The prosecution, however, vehemently opposed the application and submitted that the allegations levelled against the applicant are grave and heinous in nature involving commission of offence punishable under Section 376 IPC as the prosecutrix has fully supported the prosecution case and her statement recorded under Section 164 Cr PC clearly corroborates the allegations levelled in the FIR.
Dar further submitted that he has remained in custody since 13.06.2022, has no criminal antecedents, is a Government employee having deep roots in society and is not likely to flee from justice or tamper with evidence, as such, he is entitled to be released from custody on admission to bail.
The prosecution case, as emerging from the record, is that the applicant subjected the prosecutrix to repeated acts of sexual assault and criminal intimidation over a prolonged period, pursuant whereto the aforesaid FIR came to be registered against him.
“This Court also cannot lose sight of the fact that the allegations against the applicant pertain to repeated sexual assaults coupled with criminal intimidation. The gravity and seriousness of the offence alleged against the applicant weigh heavily against grant of bail”, Justice M A Chowdhary said.
The court observed that the offence alleged is not merely against an individual but has serious societal ramifications, and any subsequent settlement between the parties cannot, by itself, constitute a ground for grant of bail, particularly when the trial is already underway and the prosecution has disclosed a prima facie case against the applicant.
“Accordingly, the instant bail application is dismissed. However, it is clarified that any observation made hereinabove shall not be construed as an expression on the merits of the case and shall remain confined to disposal of the present bail application only”, the court concluded.
Follow our WhatsApp channel
