Srinagar: Rejecting the bail plea of a rape accused, a Chadoora court said that a balance was required to be struck between the personal liberty of an individual and impact on the victim by the alleged offences.
After hearing Additional Public Prosecutor Aamir Rahim and defence counsel, the court of Judicial Magistrate Chadoora said that the nature of the accusation against the accused was very serious and the Police so far had collected evidence in support of the accusation.
“On account of increasing incidents of crimes against the women, the law relating to such crimes has been made more stringent. An amendment in IPC, CrPC and Evidence Act was made and by virtue of which penalty relating to offences of sexual abuse was enhanced,” the court said.
“Considering the bail application, a balance is required to be struck between the personal liberty of the individual being his fundamental right and investigational right of the Police to investigate the matter coupled with the fact about the impact on the victim by the alleged offences,” the court said.
It said that the complainant in his application before the Police said that his wife had been raped by the accused and fled away afterwards.
“Taking into consideration the severity of punishment which the conviction may entail, I am of the considered opinion that the application is devoid of merit and is accordingly rejected,” the court said.
Earlier, the Additional Public Prosecutor Rahim vehemently opposed the bail application submitting that a strong prima facie case was made out against the accused as revealed by the Police report.
“The offences committed by the accused are anti-social, heinous and non-bailable in nature and in view of the quantum of punishment prescribed for the offences, the accused can no way claim bail as a matter of right,” he submitted before the court.
“The accused has committed sexual assault on the prosecutrex and threatened her of serious consequences if she exposed this fact to the others. As such the bail application preferred by the accused deserves dismissal,” he said.