Excelsior Correspondent
JAMMU, Jan 22: State High Court today rejected the pre-arrest bail application of Judicial Officer Rajesh Kumar Abrol in a rape case.
While rejecting the bail application, Vacation Judge Justice Sanjay Kumar Gupta observed, “as per the law, no person accused of an offence punishable under Sections 304-B, 326A, 370, 376, 376A, 376C, 376D, or 376 E of Ranbir Penal Code shall if in custody, be released on bail or on his own bond unless the Public Prosecutor has been given an opportunity of being heard on the application for such release”.
“Moreover, such accused person shall not be released on bail or on his own bond if the court, on a perusal of the case diary or the report made under Section 173, is of the opinion that there are reasonable grounds for believing that the accusation against such person is prima facie true”, High Court said.
”From perusal of clause (3) of Section 497-CrPC, it is evident that provisions of Section 497-A CrPC (grant of anticipatory bail) shall not be applicable in cases falling under Sections 304-B, 326-A, 370, 376, 376A, 376C, 376D, or 376E of Ranbir Penal Code. Therefore, without commenting on merit of the case, present bail application for grant of anticipatory bail in FIR No.06/2018 registered by Police Station Janipur under Section 376/420 RPC, is not maintainable”, High Court said.
With these observations, High Court dismissed the bail application.
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