Excelsior Correspondent
JAMMU, Apr 25: Additional Sessions Judge Udhampur S R Gandhi today rejected pre-arrest bail application of a constable namely Zaheer Ullah, son of Ghulam Ahmed Naik of Doda, who was booked in a rape case.
“The allegations against the petitioner are that he in consideration of taking legal action against the accused of earlier case subjected the prosecutrix to sexual intercourse at various places on number of occasions”, the court observed, adding “it is evident from the record that before the registration of FIR the matter was thoroughly enquired into by the department of the petitioner and on its basis the FIR was registered”.
“It is not the case that FIR was registered on the basis of unsubstantiated allegations. The point for consideration in this application for bail is that whether in the facts and circumstances of the case the petitioner is entitled to bail as sought by him”, the court said, adding “it is trite that courts are to be generally guided by the considerations such as nature and gravity of the offences, and the role attributed to the petitioner in the facts of the case, while assessing whether to grant anticipatory bail, or refusing it”.
“No doubt the departmental enquiry and a criminal case are separate aspects but at the initial stage of the investigation it pinpoints the involvement of the petitioner in the crime which is sufficient to prima facie belie the innocence and false implication of the petitioner”, the court further said.
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