Excelsior Correspondent
Srinagar, Mar 10: High Court granted bail to a person in alleged rape case as there was no prima facie ground to believe that the applicant had committed the crime.
Showkat Ahmad War through his counsel R A Khan had filed the application seeking bail in a case emanating from FIR No.16/2021 for offences kidnapping and rape registered with Police Station, Qalamabad. The petitioner is facing trial for offences under Section 376, 506 IPC and Section 4 of POCSO Act before the Court of Principal Sessions Judge, Kupwara.
It is averred that he is in custody for the last more than six months without there being any material against him and has undertaken to abide by all conditions that may be imposed by this Court in case he is admitted to bail.
The effect of this circumstance would be considered in an appropriate case as it is not required to be considered in these proceedings. 18. For the foregoing reasons, the application of the petitioner deserves to be accepted. Accordingly, the application is allowed and the petitioner is admitted to bail subject to the following conditions: I. That he shall furnish personal bond in the amount of Rs.50,000/ with one surety of the like amount to the satisfaction of the learned trial court; II. That he shall appear before the trial court on each and every date of hearing; III. That he shall not leave the territorial limits of Union Territory of J&K without prior permission of the learned trial court; Page 11 of 11 Bail App No.121/2021 IV. That he shall not tamper with prosecution witnesses. 19. Observations made hereinabove shall remain confined to the decision of the instant application only and shall not be construed as an opinion on the merits of the case.
Justice Sanjay Dhar after perusal of the material and prosecution witnesses which have already been examined by the Special Court said there is no material on record to show that the petitioner-War, if admitted to bail, would misuse the said concession.
“Thus, a case for grant of bail in favour of the petitioner is made out. Although his counsel during the course of arguments has brought to the notice of the Court the material to show that the prosecutrix has entered into a wedlock with co-accused Shahid Ahmad Teli and urged that this is a circumstance which goes in favour of the accused, yet undertaking an exercise to determine the effect of this circumstance while considering the bail application of the present petitioner will be an academic exercise only”, Justice Dhar recorded.
The bail application of Showkat War has been allowed and admitted to bail subject to furnishing of personal bond in the amount of Rs.50,000/ with one surety of the like amount to the satisfaction of the learned trial court.
He has been directed not leave the territorial limits of Union Territory of J&K without prior permission of the learned trial court. Court has made it clear that all observations made in the order shall remain confined to the decision of the instant bail application only and shall not be construed as an opinion on the merits of the case.
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