Excelsior Correspondent
JAMMU, July 22: Principal Sessions Judge Kathua, M K Hanjura today rejected the bail application of Khjoor Singh, Harvinder Singh and Roshan Singh alias Roshu, who were involved in rape case registered at Police Station Kathua on May 7, 2013.
After hearing Advocate B B Bhagotra for the accused persons whereas Public Prosecutor Ravi Kumar Gupta for the State, Principal Sessions Judge observed, “a girl is alleged to have been raped by the petitioners. This has changed the entire complexion of the case. The law on the subject is clear that the grant of bail depends upon the nature of the offence and a pedantic view of the matter cannot, therefore, be had in the instant case taking into consideration the peculiar circumstances under which the crime has been committed”.
“Although the period of custody is a relevant factor in determining the question of the grant of bail but the totality of circumstances and the social concern has to be kept in view in juxtaposition of individual liberty”, the court said, adding “the definition of the crime has to be understood in the context of the society. Therefore, the discretion under Section 498 CrPC cannot be exercised in favour of the accused even if it be assumed that they will not jump bail”.
“The circumstances under which the crime is alleged to have been committed by the accused sends shivers down the spine of everyone. It is horrifying and gruesome. It is a case of gang rape. The contention of the counsel for the petitioners that the medical evidence does not support the prosecution case is a fallacious and a specious argument. It will suffice to say that this argument does not need any consideration at this stage”, the Court said.
With these observations, Court rejected the bail applications of the accused persons.
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