IQRA NAZIR Vs. STATE OF JK

JUDGEMENT

(1.) The petitioner, in the instant petition, has prayed for the following reliefs;

(2.) This matter was taken up for consideration on 17/5/2019 and the petitioner was handed over to the Police Station Women's Wing, Rambagh, Srinagar, till response is supplied by the respondents.

(3.) Mr B.A. Dar, learned Sr AAG has invited attention of this Court to the proceedings initiated on the application of accused-Aijaz Ahmad Malla before the Court of Principal Sessions Judge, Ganderbal, in terms whereof, the sessions court rejected the bail application in case bearing FIR No. 30/2017, registered at Police Station Lar, Ganderbal, for commission of offences under Sec. 363 and 376 of RPC, of the accused, with whom, the petitioner is claiming to be married. Not only that, the accused-Aijaz Ahmad Malla has approached this Court by filing bail application bearing No. 89/2018, and this Court in terms of order dtd. 24/7/2018, maintained the order of the Sessions Court, and declined the prayer for grant of bail in favour of the accused. Perusal of the order reveals that the statement of prosecutrix recorded by the trial court on 26/11/2017 was substantiating the fact that she was forcibly kidnapped by the accused from the custody of her father and thereafter taken to different places including Jammu and during this period, she was repeatedly raped by the accused. On the statement so made by the prosecutrix, the contention of the accused was declared not only to be misplaced but not entitled to any discretionary relief for grant of bail.