Court rejects bail plea of rape accused
D A RASHID
Srinagar, Dec 17: A Budgam court has rejected the bail application of Akhtar Hussain Bhat, accused of allegedly raping a minor and distributing the videography of the act in market.
Chief Judicial Magistrate Budgam, Gowher Majeed Dalal rejected the bail plea on the multiple of grounds saying the gravity of the offence warrants no bail.
“Keeping in view the nature of allegation against the accused and stage of investigation, nature and gravity of the offence, age of the victim and act of the accused in arranging the videography, the bail application is rejected,” says the court order.
The court rejected the bail after evaluating the balance of justice in light of arguments of the counsel for the accused, and Chief Prosecuting officer, Qazi Qayoom representing the state.
“I am conscious of the fact that personal liberty is a fundamental right guaranteed under the constitution but detention before judgment is permitted in the Code of Criminal Procedure, not as a punishment for the offence alleged but only to ensure the immediate availability of the accused for necessary process of investigation and his attendance at the trial,” the CJM observed in the order.
The court said when the crime alleged is cruel, heinous or brutal; the nature of such crime may induce an instant reaction to refuse the bail, “The accused may misuse his liberty to interfere with the evidence,” it observed.
“In such a serious case where alleged offence is punishable with life or ten years imprisonment, the dissertation is not to be exercised unless the court is satisfied that the charge appears to be false or groundless,” the court observed.
“ But, so far as the facts and circumstances of the case are concerned , a minor girl was not only raped by the accused but videography of the act was distributed in the open market, so there is sufficient evidence that the accused is prima facie involved in the criminal offences under various sections of the RPC,” it held.
Lastupdate on : Sat, 17 Dec 2011 21:30:00 Makkah time
Lastupdate on : Sat, 17 Dec 2011 18:30:00 GMT
Lastupdate on : Sun, 18 Dec 2011 00:00:00 IST
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