MOHD. RASHID Vs. UT OF J&K

JUDGEMENT

(1.) Applicants/petitioners have invoked jurisdiction of this Court in terms of Sec. 438 Cr.P.C. for grant of bail in anticipation of their arrest in case FIR No. 40/2022 dtd. 6/3/2022 for commission of offences under Ss. 376-D and 109 IPC, registered with Police Station, Poonch at the instance of victim/prosecutrix.

(2.) It is averred, that by resorting to provisions of Sec. 156(3) Cr.P.C. with mala fide intensions and out of vendetta against the applicants, the aforesaid case has been registered against applicants/accused for the allegations that the victim/prosecutrix was raped by the accused Nos. 1 and 4 on 19/5/2021 at about 6 P.M. whereas the said case has been lodged by the victim as a counterblast to earlier FIR No. 0079/2021 for commission of offences under Ss. 452, 376 and 109 IPC lodged by the wife of applicant No. 2 against husband of the victim; more so, the Deputy Superintendent of Police has also conducted inquiry, wherein the said officer has obtained CDR and tower location of the victim/complainant's mobile phone and it was found that the victim/complainant remained at her house for whole of the day and was talking to her husband over the phone continuously on the said day; that the inquiry officer has obtained CDR and tower location of the applicant No. 1, who was located at Seri and Lasana places; that the provisions of anticipatory bail have been enacted only for such like cases, where a person is apprehending involvement in false, frivolous and motivated cases and deserves protection from illegal incarceration and harassment at the hands of the police; the applicants/petitioners undertake to abide by all such terms and conditions imposed by this Court, if granted bail.

(3.) Respondent No. 1 has filed response/objections, contending therein that the applicants have committed crime against women which is not only a crime against victim, but also against the State; in case bail is granted to the applicants/accused it will definitely influence important and vital witnesses of the case; the victim was got medically checked up at District Hospital Poonch regarding rape and the medical report obtained from the Medical Officer shows that there is evidence of sexual intercourse in the present case; the statement of the victim has been recorded before the Sub-Judge, Special Mobile Magistrate, Poonch under Sec. 164A Cr.P.C., which depicts that when the victim/prosecutrix was coming from Seri Chowana towards Kalai and reached near crusher at Kalai, applicants/accused Nos. 1 and 4 namely, Mohd. Rashid and Sadam Hussain sitting along the roadside restrained the victim in the way, applicant/accused No. 4 (Sadam Hussain) blocked her mouth took her away and held her hands and legs, while applicant/accused No. 1, namely, Mohd. Rashid committed rape upon her forcibly and without her consent, both the accused are absconded after commission of offences and search is going on for effecting their arrest by S.I., namely, Ikhlaq Hussain.