Excelsior Correspondent
Srinagar, Aug 2: High Court today denied bail to the accused involved in rape of a girl.
Justice Rashid Ali Dar rejected the bail application of one Bashir Ahmad Wagay, with the observation that the accused-petitioner has been held prima facie guilty for the commission of offence under Section 376 RPC by the trial court.
“I do not find any ground for interference at this stage for dislodging the opinion, prima facie, held by the Sessions Judge in rejecting the bail petition. Accordingly, no ground is made out for enlarging the accused to bail”, Justice Dar concluded.
Wagay is facing trial before the court of Principal Sessions Judge, Kulgam in a case registered under FIR No.. 60/2017 by Police Station, D. H. Pora for commission of offence under Section 376 RPC.
During the pendency of trial, an application came to be presented before the trial court by him for being admitting him to bail, which however, stands rejected by the trial court with the observation that on the basis of the long incarceration in jail also, the accused cannot be admitted to bail in this heinous anti-social crime.
Aggrieved of the rejection of bail application by the trial court the accused approached the High Court for grant of bail. State counsel while opposing to grant the bail to the accused submitted that the Court has to exercise restraint while exercising power under Section 497/498 Cr. PC.
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