Excelsior Correspondent
JAMMU, Sept 17: The High Court of Jammu and Kashmir and Ladakh has dismissed two separate bail applications filed by Mohd Din of district Samba and Mushtaq Ahmed of district Jammu, both accused in a heinous gang-rape and abduction case registered at Police Station Vijaypur.
The Bench of Justice Wasim Sadiq Nargal rejected the pleas on the ground that the serious and grave nature of the allegations outweighed the arguments of prolonged incarceration and delay in trial.
According to the prosecution, on January 12, 2021, a 65-year-old woman was abducted near Sucheni railway crossing while on her morning walk and was subjected to gang rape by multiple accused, including the petitioners. The FIR No. 08/2021 was registered under Sections 376-D, 323, 366, 506, and 212 IPC.
During investigation, several accused, including Mohd Anwar, Showket Ali, Mohd Din, Mushtaq Ahmed and one juvenile were arrested, while others remained absconding. The police seized a Mahindra Bolero vehicle with a fake number plate allegedly used in the crime, and forensic samples were sent to CFSL Chandigarh.
Both petitioners argued that they had been falsely implicated and there was no direct evidence connected them with the crime, and the case was based only on circumstantial evidence and statements of co-accused. They had already spent over three years in custody without trial concluding and only 11 out of 30 witnesses had been examined despite repeated opportunities to the prosecution.
Opposing the bail, Deputy Advocate General Vishal Bharti argued that the petitioners made incriminating disclosures during interrogation and the prosecutrix had identified them during a Test Identification Parade. Further, medical and forensic reports corroborated the allegations and Call Detail Records (CDRs) further supported their involvement.
The prosecution stressed that releasing the accused would endanger witnesses, pose a risk of absconding and prejudice the trial process.
After hearing both the sides, Justice Wasim Sadiq Nargal observed, “while prolonged incarceration and trial delays raise valid concerns, they cannot override the seriousness of the crime”. Referring to several Supreme Court rulings, Justice Nargal reiterated that in heinous offences like gang rape the nature and gravity of the accusation, the risk of tampering with witnesses and the impact on society at large must weigh against bail.
The Court concluded that the material on record, including the prosecutrix’s statement under Section 164 CrPC and other evidence, prima facie established the involvement of accused.
Rejecting both bail pleas, the High Court held: “The petitioners are not entitled to concession of bail at this stage. The instant bail applications lack merit”. The Court, however, clarified that its observations should not be construed as an opinion on the guilt or innocence of the accused, which remains to be determined at trial.
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