Court rejects bail of rape accused

Observing that right to liberty of an individual has to be balanced with the interest of whole society, a local court here rejected the bail application of a rape accused.

The court said the allegations against the accused are graveand it would be improper and premature to admit him to bail.

   

After hearing additional public prosecutor Abdur Rashid Mirand defence counsel, Chief Judicial Magistrate, Srinagar, Gowhar Majid Dalal,said: “It would be improper and premature to admit the accused person to bailat this stage in view of the nature of offence. Application is rejected.”

Referring to various provisions of law and the Supreme Courtjudgments, the court said the basic question while deciding bail application iswhether grant of bail would thwart course of justice.

“There cannot indeed be any inflexible rule governing thegrant of bail. Each case has to be decided on its own facts,” the courtobserved.

The court said that grant of bail is a rule and its refusalis an exception. “But while granting bail, the court has to be satisfied thatin a given case its grant is necessary in the interest of justice.”

The prosecution earlier vehemently opposed the bail onvarious grounds including that the investigation is at infancy and granting ofbail will have adverse affect on the logical conclusion of the investigation.

As per the prosecution, Soura Police Station had arrestedthe accused after the victim lodged a complaint alleging rape by the accused.

As per complaint, the accused took the victim to his houseon the pretext of helping her to get appointment with a doctor for her medicaltreatment/consultation.

During preliminary investigation, as per prosecution, “theaccused was found to be involved in the commission of offence of rape.”

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