Excelsior Correspondent
JAMMU, Oct 24: High Court today rejected the bail application of Sunil Kumar, son of Chaman Lal of Chanu Chak, who was arrested in kidnapping and rape case.
After hearing Advocate Roop Lal for the applicant whereas Govt Advocate Sanjeev Padha for the State, Justice M K Hanjura observed, “Section 497-C of the Code of Criminal Procedure creates a bar and operates as an impediment in the matter of releasing a person on bail under Section 376 RPC with a further qualification that it is only when the court is of the opinion that the accused is innocent and has not committed any offence that his application for the grant of bail can be considered”.
“This provision is an exception to the aphorism that bail and not jail or that grant of bail is the rule and its refusal is an exception. The courts are duty bound to test the case of a person for releasing him on bail for an offence under Section 376 RPC, rigorously on the scales of 497-C of the CrPC irrespective of the fact whether or not it affects him adversely”, Justice Hanjura further said.
“The claim of the petitioner that he is innocent and has not committed any offence can be considered by the trial court after having due regard to the evidence adduced in the case and the allied material on record”, High Court said, adding “the age of the prosecutrix dislodges the claim of the petitioner that he is innocent and has not committed any offence”.
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