Excelsior Correspondent
Srinagar, Mar 2: High Court today refused to grant bail in kidnapping and rape case with the recording that delay in the registration of FIR in such offences is not of much significance.
Justice Javed Iqbal Wani refused to grant bail to an accused Mubarak Ahmad Wani of Balhama for the commission of offences of kidnapping and rape of a minor. “Perusal of the record tends to show that there is material on record prima-facie suggesting involvement of the petitioner-Ali in the alleged offences and having regard to the principles and propositions of law laid down by the Apex court on the subject of bail as noticed in the case”, Justice Iqbal recorded.
The case set up by the counsel for the petitioner before the court was that FIR in question has been lodged after 3 days of disappearance of the victim and that there is no explanation thereto and that the petitioner/accused is not required for custodial investigation and that charge sheet has been laid before the competent court and that accused petitioner is a young student belonging a well to do family and his detention will harm and destroy his career and enlarging him on bail will not cause any prejudice to the trial.
Court keeping in view the nature of accusation, severity of punishment said, the petitioner-Ali is held not entitled to bail at this stage, more so in view of an excerpt referred by the Apex Court in response to the question of liberty raised by the counsel for the petitioner-accused supported by various case laws.
Court for all these reasons concluded that the instant bail application merits dismissal and accordingly, dismissed the same by making it clear that nothing shall be construed to be expression of any opinion about the guilt or innocence of accused/petitioner as the same will be decided by the trial court on its merits after analyzing the evidence that surfaces on record during the trial of the case.
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