Srinagar: A Fast Track Court for POCSO Cases here has dismissed application for bail by a person, one of the accused in ‘gang rape’ case of a minor here last year.
The person, Irqan Ahmad of Syedpora Choorpora Budgam, had moved the bail application on the ground of illness of his mother.
Arrested on 15 February 2022 in the case (FIR No. 2/2022), registered with Police Station Bemina, the accused had submitted that his mother is suffering from serious health ailments for which the doctor has advised her surgery which was scheduled to be held on 27 April 2023 in a Hospital at Budgam. He had submitted that there is no one to look after his ailing mother and as such he be granted bail.
On the other hand, Public Prosecutor opposed the application for bail, contending that the accused has been charged under sections IPC’s sections 363 (kidnap), 376- D (rape), 109 (abetment of offence) and 3, 4, 16, 17 POCSO Act which are “heinous” in nature.
The PP said that the statement of the victim has also been recorded and she has deposed against the accused. “By virtue of her statement a prima facie case stands established against the accused as there is presumption (of guilt) under section 29 and 30 of the POCSO Act”. Moreover, the Public Prosecutor said that if the accused is admitted to bail it would go against the interest of the society and there is also apprehension that he may tamper with the evidence.
After hearing both the sides, the presiding officer of court, Aarti Mohan, rejected the plea, observing that that the applicant has failed to mention what ailment his mother is suffering from and for what surgery has been prescribed.
“In view of the above circumstances, this court is constrained to grant interim bail to the applicant/accused. As such the application in hand is dismissed,” the court said.