Excelsior Correspondent
JAMMU, May 9: High Court today granted bail to Mohd Iqbal, the then SHO Khour Police Station, who was allegedly involved in rape case.
While granting bail, Justice Tashi Rabstan observed, “it is true that offences of abduction and rape are more serious offences against the women and the person who is prima-facie found to have committed such offences is not entitled to the concession of bail”.
“The offences more particularly against the women have been viewed to be an offence against the society at large and letting the accused on bail in such heinous offences if prima facie committed would definitely have deleterious effect on the mind of general public and would encourage re-occurrence of such crime”, Justice Rabstan said.
“However, at the same time court cannot lose sight of the fact that there could be instances where these stringent provisions are also misused. Instances may be few, but, are not improbable”, Justice Rabstan further said, adding “this court while considering application for grant of bail, is not to go into evidentiary value, creditability and reliability of the witnesses at this stage”.
“It is well settled that general allegations that the accused will tamper with the evidence without there being any supportive material is not a ground to refuse bail. In the light of this evidence, it would not be just and equitable to keep the applicant-accused in continuous custody particularly when investigation has been completed, challan has been presented and even charges are said to have been framed”, the court said.
Accordingly, court granted bail to the applicant-accused on furnishing of bail bond to the tune of Rs 50,000 with two sureties of the like amount each to the satisfaction of the Presiding Officer of the trial court. “In case of the applicant-accused violates the conditions laid down in the bail, the State will be free to apply for cancellation of his bail”, Justice Rabstan said.
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