Early Times Report
Jammu, Nov 2: Principal sessions judge, Kathua, Vinod Chatterji Koul has rejected the pre-arrest bail application of two rape accused.
They included Javed Ahmad, son of Mohammad Kasim, and Ayub Ahmad alias Mohammad Ayub, son of Mohammad Din, both residents of Dodala, Kathua.
The judge, after hearing the two sides, observed that the police station revealed that the petitioners were apprehending their arrest for offences punishable under sections 376, 341 and 109 of RPC. "The investigation of the case is at its initial stage. The petitioners are absconding after the commission of offence and their custodial interrogation is required for the purpose of investigation," he observed.
"The anticipatory bail is to relieve a person of unnecessary apprehension or disgrace. The sine qua non of this provision is that when any person has a reason to believe that he may be arrested on an accusation of having committed a non-bailable offence, he may apply to High Court or Court of Session. Anticipatory bail cannot be granted as a matter of right nor should it be lightly granted. The main object of incorporation of section 497-A of CrPC is that the innocent people are saved from false implications, but when there is prima facie proof in support of the allegations of serious nature, such discretion cannot be used in favour of such a defaulter. In this case, the offences alleged to have been committed by the petitioners are serious and in such offences, they cannot be allowed to be released on bail in anticipation of their arrest," the judge said.
With these observations, he rejected the bail applications of the accused. (JNF) |
