SUSHIL KUMAR Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) The present bail application has been filed by the petitioner, who is facing trial before the court of Principal Sessions Judge, Rajouri (hereinafter to be referred as the trial court) in challan, titled, "Union Territory of Jammu and Kashmir vs. Jaspal and others" arising out of FIR bearing No. 150/2018 registered with Police Station, Nowshera under Sec. 370-A and 376 RPC.

(2.) It is stated that after filing of the challan, the learned trial court framed the charges under Sec. 370-A and 376 RPC vide order dtd. 27/12/2019 against the petitioner. After the statement of the prosecutrix was recorded, the petitioner filed the bail application before the learned trial court on the ground that the statement of the prosecutrix has been recorded and she has not deposed anything against the petitioner but the learned trial court dismissed the said application vide order dtd. 3/7/2021 and thereafter, the present bail application has been filed by the petitioner.

(3.) It is stated that the prosecutrix has not deposed anything against the petitioner and now only the formal witnesses are to be examined. The conclusion of the trial court may take considerable time and the petitioner despite being innocent is in custody. It is further stated that evidence can be looked into for limited purpose so as to ascertain whether the prosecutrix has deposed anything against the accused or not. It is further stated that the petitioner has been in custody for the last more than two years and as such, he deserves to be enlarged on bail. The petitioner has placed on record certified copy of the statement of the prosecutrix.