ADIL AHMAD CHURRAY Vs. STATE OF J&K

JUDGEMENT

(1.) 1. By this application, Adil Ahmad Churray S/o Abdul Qayoom Churray R/o Lasjan, Srinagar, has craved the indulgence of this Court in enlarging him on bail for offences under Sections 376, 366 RPC, inter alia, on the grounds that his marriage with the prosecrutrix was solemnized on 9th July, 2017 in accordance with the Muslim Personal Law and after this marriage they lived happily as husband and wife, but to his utter dismay, the father of the prosecutrix lodged an FIR bearing No. 72 of 2017, at Police Station, Nowgam, against him on false and flimsy grounds. On the 12th day of July 2017, he was arrested and the custody of the prosecutrix was handed over to her parents. He has not committed any offence. The statement of the prosecutrix under Section 164-A Cr. PC, has been recorded under coercion. After four days from his arrest he filed an application before the Chief Judicial Magistrate, Srinagar, for admitting him to bail, who in turn forwarded the same to the respondent No. 2, i.e., State through Station House Officer, Police Station, Nowgam, with the direction to submit the status report. After perusing the report along with the case diary, the learned Chief Judicial Magistrate declined to release him on bail, whereafter, he filed another application before the 2nd Additional, Judge, Srinagar, who by order dated 22.08.2017, rejected his bail on the primary ground that Section 497 Cr. PC, creates an impediment in releasing him on bail in an offence of rape. To canvas his argument that he is entitled to be released on bail, the petitioner has relied on the law laid down by this Court in case titled ? Jawaher Barua v. State?, reported in ?KLJ, 1973?. In addition, the petitioner has taken refuge under the oft repeated principles of law enunciated by various courts regarding the grant of bail.

(2.) In their objections, the respondents have resisted and controverted the petition of the petitioner, chiefly, on the grounds that a case was registered against the petitioner for the commission of offences under Sections 376, 366, RPC with which the investigation commenced. During the course of the investigation of the case, the statements of the witnesses have been recorded; the site plan has been prepared; the prosecutrix has been recovered from the custody of the accused and she has been medically examined. The medical examination report has been obtained which reveals that she has been subjected to sexual intercourse. It has further been stated that the age of the prosecutrix is 18 years as per the certificate collected by the police authorities. The statement of the prosecutrix has been recorded under section 164-A Cr. PC, before the Competent Court and in her statement she has stated that she was abducted by the accused forcibly and he raped her against her will and wish. The charge sheet against the petitioner has been laid before the Court of City Judge, Srinagar on 30.08.2017. The petitioner has committed heinous offences which are against the society and, if at all, he is enlarged on bail, he will repeat the crime. In the premises, it has been prayed that the bail application be dismissed in the interest of justice.

(3.) Heard and considered.