A local court here has rejected bail application of man accused of molesting a minor girl.
After hearing additional public prosecutor Abdur Rashid Mir and defence council, the court of Chief Judicial Magistrate, Gowhar Majid Dalal observed that victim was five to six months pregnant and her age was around 17 years.
The court said the present case was one where general rule bail cannot be applied in view of the evidence on file against the accused and also due to the stage of the investigation. “In the present case as per report the prosecutrix is minor of 17 years age, her mental conditions are yet to be established by the board, so the enlargement of accused on bail at this stage will definitely affect the investigation process,” the court said.
It observed that liberty of the person was a fundamental right and bail was a rule and refusal was an exception. “But a balance is required to be maintained between the personal liberty of the accused and the investigation right of the police. Further, the balance is to be maintained between the individual liberty of a person with the trauma caused to the victim by the act of the accused,” the court said.
It said that court has to see the individual interests with the interests of the society at large. The court said from perusal of record, there was prima facie evidence against accused Naizer Ahmad Kuroo of Noorbagh for involvement in the heinous, serious, and anti-social offence. “In view of the facts and circumstances, I deem it proper to disallow the application of bail on behalf of the accused. Accordingly the bail application is disallowed,” the court said.
Earlier, the prosecution vehemently opposed the bail application, submitting that statement of victim before magistrate was yet to be recorded and her mental and other conditions were to be examined by the medical board. The prosecution submitted that the accused has taken undue advantage of weak mental condition of the victim by committing rape upon her, contending the act of accused was not only criminal in nature but inhuman and wild.