Srinagar: A trial court in Srinagar has rejected anticipatory bail application of three persons from Srinagar who had allegedly beaten and outraged modesty of two women over a civil dispute.
The court of 3rd Additional Sessions Judge Mehmood Choudhary rejected anticipatory bail of Bilal Ahmed Najar, Owais Ahmed Najar and Abdul Rashid Najar on the ground that as far as Section 497(c) is concerned, the offence has been committed by the accused against the women folk, so enlarging them on bail in anticipation of their arrest, there is every possibility that it will amount to encourage such type of crimes.
Additional Public Prosecutor Bilquees Mushtaq Zargar resisted the bail application on the ground that offence committed by the accused is grave in nature and by enlarging those on bail would mean adding salt to the injuries to the victims of such assault. She said at this point of time, the investigation process is going on and letting them on anticipatory bail would hamper the investigations,” she said.
“The public prosecutor’s arguments and in view of judgements laid down by Apex Court while considering the petition for anticipatory bail, the Apex court has categorically held that the courts should not interfere in the investigation of the crime in a cognizable and non-bailable offence. The case in hand, as accused are involved in cognizable and non-bailable offence and the offence under section 354 RPC is grave and carry a punishment of upto seven years. In view of this, the accused are not given concession of pre-arrest bail,” the court said.
The police report reveals that on March 27, 2018, a written report was lodged by the complainant at police station Safakadal to the effect that the accused have beaten his wife and daughter and torn their clothes and have outraged their modesty. On receiving the information, an FIR number 32/2018 under Section 147, 354 B RPC was registered and accordingly investigation was taken up.
During the investigation, the site plan was prepared and statement of the witnesses under section 161 CrPC was recorded. The torn clothes of the victims were accordingly seized and seizure memo was prepared. The offence under section 354B was established against the three accused who are residents of Danmar, Sangam Srinagar. The investigation of the case is still in process.