KAMAL KUMAR Vs. STATE OF J&K

JUDGEMENT

(1.) The instant bail application has been filed by the applicant for grant of bail under Section 498 Cr.P.C.

(2.) Precisely facts of the case are that the applicant, namely Kamal Kumar, an under trial in case FIR No.14/2016 registered at Police Station, Arnia for commission of offences under Sections 363, 376 and 306 RPC, was arrested on 08 of March, 2016. On 17.02.2016, an information was received from reliable sources that prosecutrix was lying in unconscious condition in her house at Arnia. On this information, inquest proceeding was initiated vide Rapat No.13 dated 17.02.2017. The SHO Arnia, conducted the investigation of the case and ultimately filed the challan on 31.08.2016 against the applicant for the commission of offences under Sections 363, 376 and 306 RPC.

(3.) It is contended that the name of the applicant was not shown in the proceedings initiated under Section 174 Cr.P.C. In fact, the name of the applicant had appeared for the first time in the statement of the mother of the deceased recorded on 26.02.2016, i.e., after ten days of the incident. It is contended that the circumstantial evidence does not support the prosecution version. The statement of most of the witnesses, i.e., ten most relevant out of the total seventeen witnesses have already been recorded by the trial court, by virtue of which commission of offences viz. kidnapping or rape has not been proved nor even the sexual intercourse has been proved. The witnesses examined by the prosecution before the trial court, have not supported the prosecution case. Even the rest of the witnesses also do not support the prosecution version any more even if taken un-rebutted for the time being. It is further stated that the applicant earlier filed bail application before the learned 3rd Additional Sessions Judge, Jammu, who dismissed the same on 9th of April, 2018. The said order is impugned in this bail application.