Jammu: Additional Sessions Judge Udhampur Dinesh Gupta Thursday rejected the bail application of one Arshad Ahmed who was facing trial in rape and kidnapping case.
Additional Sessions Judge Udhampur Dinesh Gupta after hearing APP Himanshu Parkash observed that in the instant case prosecution raises the allegation of kidnapping and rape against the accused, these are very grave and heinous offences punishable u/s 366/376/109 IPC, while on the other hand accused/applicant took the defence that both the accused/applicant herein and Prosecutor with their free will and consent enter into wedlock and executed Nikahnama and duly notarized Marriage agreement was also executed by the Prosecutor. During investigation, after the recovery of Prosecutor, I/o got the statement of Prosecutor recorded u/ s 164.
Prosecutor in her statement u/ sec 164 Cr PC as well as when appear as a witness before this court categorically denied the assertion of marriage and further stated that accused kidnapped /abducted her and committed rape with her.
Further in the instant case the statement of other material witnesses is yet to be recorded which includes the father of the Prosecutor, so in the backdrop of the above said discussion it cannot be held that accusations leveled against the applicant are frivolous. There is material on record to prima facie show the involvement of the applicant in the alleged crime.
So keeping in view the heinousness of crime, exercising discretion for grant of bail in favour of the applicant would not be in the public interest. Hence this application for grant of bail stands dismissed.