Srinagar, Dec 22: The High Court of Jammu & Kashmir and Ladakh Wednesday granted bail to the alleged rape accused after noting that there is no prima facie ground to believe that the accused has committed the alleged crime.
The court granted bail to Ishfaq Ahmad Mir, who had sought bail in FIR No.11/2021 for alleged offences under Section 363, 376 IPC and 3/4 Protection of Children from Sexual Offences (POCSO) Act registered with Police Station, Rajbagh Srinagar.
The court of Justice Sanjay Dhar granted bail to Mir after taking note of the statement of a victim girl recorded under Section 164 Cr.P.C, which stated that in March, 2021, she alongwith her sister was residing in Rajbagh with their brother. She had stated that she was in relationship with the accused and while she was dialling the mobile number of accused, her sister noticed this and threatened to disclose it to her brother.
She further stated in the statement that she got scared and left her home and proceeded to her maternal uncle’s house at Tulmul where she stayed for three days.
The victim girl has further stated that when she went to her maternal uncle’s place, her family at her back, lodged FIR against the petitioner.
The court noted that the victim girl had clearly stated that she was not kidnapped by any one nor did the petitioner commit any crime against her.
It further noted that the father of the victim girl i.e, the complainant in the FIR has stated that he had lodged the missing report with Police Station Rajbagh after he found his daughter missing from home.
The father in his statement stated that the girl returned after three days and she told him that she had gone to her maternal uncle’s place at Tulmul.
He further stated that his daughter narrated to him that the accused did not kidnap her nor did he commit any crime against her.
The court noted that during the pendency of these bail proceedings the counsel for the complainant i.e father of the victim girl appeared before the court and he conveyed his no objection to the grant of bail to the petitioner.
"In the face of the aforesaid material on record and without commenting upon merits of the case, lest it may prejudice the case of the prosecution, it appears that, prima facie, foundational facts that would give rise to the presumption under Section 29 of the POCSO Act against the petitioner, are not established in this case," Justice Dhar recorded.
The court said that prima facie, it appears that the presumption of guilt against the accused, in these circumstances, may not get triggered meaning thereby that there is no prima facie ground to believe that the petitioner has committed the alleged crime.
"For the foregoing reasons, the application of the petitioner deserves to be accepted," the court said.
Admitting the applicant on bail, the court imposed certain conditions and directed the petitioner to furnish personal bond in the amount of Rs.50,000 with one surety of the like amount to the satisfaction of the trial court.
The accused petitioner was also directed to appear before the trial court on each and every date of hearing and not to leave the territorial limits of J&K without prior permission of the trial court.
He was also directed not to tamper with prosecution witnesses.
Meanwhile, the court also made it clear that the observations made in this case shall remain confined to the decision of the instant application only and shall not be construed as an opinion on the merits of the case.