ASSAD ULLAH KHAN Vs. STATE

JUDGEMENT

(1.) THIS application for bail u/s 498 Cr. P. C. arises out of the following facts: -

(2.) IT is alleged that one Bashir Ahmed of Anantnag came to Srinagar, along with his wife and took a room on rent in Star Hotel, Srinagar on 24 -7 -1979. At about 2 p. m. one employee of the hotel namely, Mohd Akram, knocked at the door of room in which the couple was sleeping and on the door having been opened, told Bashir Ahmad, that they were required down stairs by the C. I. D. personnel. Both of them went down -stairs and found some persons there who told them that they had information that the women i.e.Mst.Haseena has been brought by Bashir Ahmed to the Hotel for immoral purposes and that she was not the wife of Bashir Ahmed as alleged by him. Both Bashir Ahmed and Mst.Haseena protested against this insinuation and told them that they were husband and wife. Both of them however, were asked to go into their room and the persons assembled there also went up stairs and entered their room, They repeated the accusation and when both husband and wife protested, the husband, it is alleged, was given a severe beating because of which he became senseless. The woman thereafter was taken into another room in the hotel and was allegedly raped by four persons namely, Muneer, Bilal Rajab and Assad Ullah. When the husband recovered from the shock he was told by his wife Mst. Haseena that she had been raped by these persons. In the morning both of them slipped out of the Hotel and reached the Police Station and the husband lodged the F. I. R. The Police came on spot and arrested Assad Ullah, Mohmad Rajab and Akram; and other two persons namely Muneer and Bilal had absconded. The apprehended accused persons filed a bail application which came to be rejected by the Chief Judicial Magistrate and also later by an order of the Sessions Judge, Srinagar dated 8 -8 -1979.

(3.) THE statements of the husband and wife have been recorded by the Police u/s 161 Cr. P. C. and u/s 154 Cr. P. C. by a local Judicial Magistrate. Mst. Haseena has been medically examined and her X -ray photographs have been taken. The case is still being investigated by the Police and the remand for keeping the accused persons in Judicial Lock -up has been obtained from the concerned Judicial Magistrate.