Excelsior Correspondent
JAMMU, Sept 1: Presiding Officer, Fast Track Court Jammu Khalil Choudhary has granted interim bail to one Anuj Raina, son of Girdhari Lal of Chak Waziro Brahmana, who was booked by Police Station Arnia for allegedly committing rape and other offences.
After hearing counsel for the accused and Additional Public Prosecutor for the UT, the court observed, “it is clear from the material on record that the prosecutrix is a major girl of more than 18 years of age. It is also an admitted fact that prosecutrix has been in relationship with the accused for near about one year as revealed from the statement of the prosecutrix recorded before the concerned Magistrate”.
“It cannot be stated with certainty as to what was in the mind of the prosecutrix when she consented to have sex with the petitioner. However, there is material on record to suggest that she had been consensual sex with the accused. In these circumstances the veracity of the complaint will have to be thoroughly discussed after conclusion of the investigation and trial”, the court said, adding “the conduct of the prosecutrix raises many questions. It has to be ascertained during the trial after recording her statement and statements of the other witnesses whether there are ingredients of rape”.
“There seem no criminal antecedents against the accused and there is no likely-hood that he may flee from the clutches of law. Since the statement of the material witness—prosecutrix has been recorded under Section 164 CrPC. There is no possibility of tampering with it, in case petitioner/accused is admitted to interim bail”, the court observed.
“The prosecutrix accompanied the accused from Arnia to Katra and stayed in a hotel there and made physical relationship. Moreover, she remained in relationship near about one year as such a prima-facie case for grant of interim bail is made out”, the court said, adding “the opinion expressed is limited for the purpose of the interim bail order and it shall have no bearing upon the merits of the case”.
Stating that denying the petitioner the concession of the interim bail in these circumstances amount to inflicting punishment upon him without conclusion of the investigation and trial, the court said, “there is nothing on record to even remotely suggest that in case the petitioner is granted interim bail, he would be fleeing or thwarting the course of justice”.
Accordingly, court admitted the petitioner to interim bail till September 9, 2022 with the conditions that he shall furnish bail bond in the amount of Rs 1 lakh with one surety of the like amount to the satisfaction of the jail authority; the petitioner shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer/IO.
“Moreover, the petitioner shall not leave the territorial limits of the UT of J&K without previous permission and shall remain present before the concerned police station from 10.00 am to 1.00 pm daily and co-operate with the Investigation Officer”, the court said.
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