VINOD KUMAR Vs. STATE AND ANR

JUDGEMENT

(1.) The instant bail application has been filed by the applicant/petitioner, seeking grant of bail, who is facing trial under Sections 376, 109 and 498-A RPC in FIR No.27/2017 in Challan titled "State of J & K Vs. Vinod Kumar and Others", pending before the Court of learned 3rd Additional Sessions Judge, Jammu (Fast Track Court).

(2.) In the petition, it has been stated that the petitioner has been wrongly and falsely implicated by the complainant, who is his sister-in-law (wife of his elder brother) in FIR No. 27/2017, registered with Police Station, R.S. Pura. Besides the petitioner, the complainant has also involved her husband, namely Raj Kumar and her father-in-law and mother-in-law, namely, Sh. Ramesh Chander and Smt. Pushpa Devi, against whom allegations of harassment on account of dowry has been alleged. The allegation of rape against the petitioner has been alleged. On the Complaint filed by the complainant offence punishable under Section 313 RPC was also registered in the FIR against the petitioner, but the same could not be proved and was dropped. The complainant has matrimonial dispute with her husband and in-laws. As soon as the notice in a petition under Section 9 of the J & K Hindu Marriage Act, 1980 (hereinafter referred to as the Act) was issued and served upon the complainant, she filed an application under Section 156(3) Cr.P.C and on the directions of the learned Magistrate, an FIR No. 27 of 2017 was registered. The vagueness and falsity of the allegations alleged against the petitioner in the aforesaid criminal case can be judged from the fact that the complainant has alleged that the petitioner has allegedly raped on three occasions, i.e., 18th August, 2016, 15th October, 2016 and lastly on 27th November, 2016. However, the complainant has admitted that she remained silent about the aforesaid incidents and did not disclose the same to any person including her parents.

(3.) It is stated in the instant bail application that the petitioner was taken into custody pursuant to the registration of the aforesaid FIR No.27/2017 with Police Station, R.S. Pura and since then, he is in custody. After filing of the challan, the petitioner filed an application for grant of bail before the Court of learned 3 rd Additional Sessions Judge, Jammu (Fast Track Court). The said application remained pending consideration. The statement of the prosecutrix/complainant in the challan was recorded during the trial on 05th October, 2017, which included on 31st May, 2018. Copy of the statement of the complainant/prosecutrix is annexed as Annexure-B to the instant bail application. After recording of her statement, the bail application was argued before the learned Trial Court and vide order (Annexure-A) dated 09th June, 2018, the learned Trial Court has dismissed the bail application on such grounds and the reasons, which are not legally tenable and sustainable. From the allegations leveled against the petitioner and as per the statement of the prosecutrix, the offence of rape punishable under Section 376 RPC is not at all made out and the learned Trial Court ought to have admitted the petitioner to bail. After rejection/dismissal of the bail application filed by the petitioner, the petitioner has filed the instant bail application, seeking grant of bail on the following amongst other grounds to be urged at the time of hearing. The grounds are taken alternatively and without prejudice to each other:-