Excelsior Correspondent
Srinagar, June 8 : A local court today granted bail to an accused in attempt to rape, trespass and assault on a woman subject furnishing of two sureties to the tune of Rs 25,000 each and directed him not to leave the jurisdiction without a prior permission of the court.
The Special Mobile Magistrate Reasi presided by Assma Choudhary admitted to bail one Rashid of Patta Reasi with the condition that he shall not leave the jurisdiction of the court with proper permission from the court.
The accused-Rashid along with other seven persons was implicated in FIR No-07/2021 registered at Police Station Reasi, for the alleged commission of offences under section 452(Trespass), 382(Theft), 342(Wrongful Confinement), 354-B(Assault on Woman), 376(Attempt to Rape) and 147(Rioting) of the Indian Penal Code on January 2021.
Prosecution resisted the application primarily on the ground that the accused is involved in the alleged commission of a heinous offence which is per-se non-bailable in nature and submits the accused cannot claim bail as a matter of right. “Further, that the alleged offence committed by the accused is against women as well as society and if bail is granted to him, he may feel encouraged to commit similar offence in future”, prosecution argued before the court.
The court after perusal of material placed on record as also the Case diary said the applicant is in custody since January 2021 and investigation in the case is substantially complete and five out of eight accused persons involved in the alleged incident are already bailed out as such deserves concession of bail. “Prima facie given the circumstances- this is a fit case where the parity rule applies. No criminal antecedent of petitioner is placed on record, in order to show that he is likely to hamper or tamper with the ongoing investigation in the case”, Court said.
Court added that withholding of applicant’s right to freedom, merely on police prediction that he may flee or abscond and may not be available at the time of presentation of challan, would in my opinion give an impression of pre-trial detention of an accused as a recourse to punitive and restrictive consequences thereof.
“This state of course is definitely not in agreement with the procedure as is established by law. Based on a vague allegation that the accused may tamper with the evidence or witnesses may not be a ground to refuse bail, if the accused is of such character that his mere presence at large would intimidate the witnesses or if there is material to show that he will use his liberty to subvert justice or tamper with the evidence, only then bail may be refused”, reads the judgment.
Court further directed the applicant not to tamper with any prosecution evidence and not intimidate any prosecution witness in the case. “That the petitioner shall remain available before the investigating agency as and when directed to do so and the bail order, in any manner, limit or restrict the rights of the police or the investigating agency, from further investigation in accordance with law. Further, no observation made herein above shall be construed as an expression of opinion on the merits of the case”, Court further said.
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