Excelsior Correspondent
JAMMU, Apr 29: Principal Sessions Judge Kulgam Tahir Khurshid Raina has said that anticipatory bail is not meant for tormentors of the dignities of the women.
While dealing with anticipatory bail application filed by Maqsood Ahmad Dar, Jahangir Ahmad Dar, sons of Mohd Shaban Dar and Ishfaq Ahmad Dar, son of Ghulam Mohi-ud-Din Dar, all the residents of Shurat Kulgam, who have been booked under Sections 147, 458, 427, 392, 354-B and 506 IPC, the court observed, “the material on record suggests that applicants along with other co-accused attacked the complainant lady and her daughter that too after the sunset”, adding “even if she is wife of one of the accused does not give him an authority to engage other persons and attack her, assault her and drag her out of her home and then claim it to be a matrimonial dispute”.
“Such a mode of settling matrimonial dispute is unknown to the civilized system, but a pure beastly act highly condemnable”, the court said, adding “the criminality of the applicants is on the face of the record, and injury form in the CD file carries details of injuries inflicted by them on the body of the complainant, prima- face reflects the complicity of the applicants in the commission of the crime”.
“Anticipatory bail is not meant for those who do rank criminality against the helpless woman and then claim protection from arrest. It will be sheer misuse of the provision of the law”, the court further said, adding “a message must travel in the length and breadth of this society not to be the tormentors of the dignities of the women but their saviours, especially the husband to act in the most decent manner with his wife and not as a goon who forms an unlawful assembly in the wee hours with other people, lurk into the house of the wife, drag her and assault her blue and black, which is on the face of the record”.
“If we have to judge the character of any society, see how better they treat their women folk. In this context, both on moral, social and legal touch stone the alleged criminality of the applicants-accused does not entitle them for exercising of discretion of grant of bail in their favour”, the court further observed.
With these observations, the court dismissed the bail application.
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