SUNIL KUMAR Vs. STATE OF J&K

JUDGEMENT

(1.) Through the present bail application, Petitioner-Sunil Kumar seeks bail, inter alia, on the ground that he has been falsely implicated in a criminal case in FIR No.151/2015 under Section 376 RPC registered at Police Station R.S.Pura, Jammu.

(2.) It is stated in the application that the petitioner has been involved in a false and frivolous case based on a complaint filed by the prosecutrix, namely Santosh Kumari on 01.10.2015 alleging therein that on 30.09.2015 at about 10 pm the accused/petitioner entered the room of the prosecutrix at village Chakroi while she was alone at home and her son had gone outside with some work. It is alleged that the petitioner took the prosecutrix in a room and forcibly committed rape after wrapping cloth on her face. She raised hue and cry and in the same time her son came inside the room and upon seeing her son, the accused ran away from the spot. Upon this complaint, statements of the prosecutrix, her son Mukesh Kumar and her brother-in-law (devar) Pawan Kumar were recorded by the police and other incriminating evidence was also collected. The petitioner was arrested by the police on the same day and a challan was filed before the learned Sessions Court at Jammu for commission of alleged offence u/s 376 RPC which was transferred for trial to the 3rd Addl. Sessions Judge, Jammu. The Court framed the charge and the petitioner was put to trial. During the trial, statements of the prosecutrix, her son Mukesh Kumar, her brother-in-law (devar) Pawan Kumar and material witnesses were recorded and in all out of 13 witnesses, statements of seven witnesses have been recorded. Since one of the witnesses including the medical evidence supported the prosecution case, based upon that evidence, application for bail was moved before the trial Court for releasing the petitioner on bail on 23.12016 which was rejected on 04.07.2017.

(3.) It is further contended that the present bail application is being moved by the petitioner on the following grounds: