ABDUCTION AND RAPE

Masih                          vs.                    The State

16.00.0000.

Present:           Learned counsel for the petitioner.

Learned DDPP for the State.

                        Pervi Officer along with record.

                        The petitioner moved post arrest bail in case FIR No.00/0000 U/S 363, 365-B, 376 PPC P.S. ABC, XYZ.

2.                     It is submitted by learned counsel for the petitioner that petitioner is behind the bars for the last more than one year and there is no progress in the trial. It is added that on the basis of fictitious story petitioner has been implicated in the case and that there was delay of six months in lodging of the FIR which is unexplained, hence, post arrest bail of the petitioner may be allowed. In support of his arguments, learned counsel for the petitioner put reliance on the esteemed judgments reported as 2012 Cr.L.J. 230, 2012 M.L.D. 677 & 2012 Y.L.R. 2642.

3.         Learned DDPP opposed the petition and submitted that petitioner is nominated in the FIR with specific role. That the trial of the case is in progress after framing of the charge. Due to strike of bars on most of the occasions PWs could not be recorded. It is added that petitioner remained absconder and he was arrested by the police on 19.02.0000. That M.L.C. of the victim along with her statement U/S 161 Cr.P.C. has connected the petitioner to the commission of the offence which is of heinous nature. Hence, bail petition may be dismissed.

4.         Arguments heard. Record perused.

5.         Petitioner is nominated in the FIR with specific role. He remained absconder for some time during investigation and thereafter, charge was framed against him by the court and due to strike of bars on various dates of hearing, statements of PWs could not be recorded. The victim was medically examined and the statement of PWs U/S 161 Cr.P.C. coupled with M.L.C. of the victim has prima facie connected the petitioner to the commission of the offence which is of heinous nature against society, hence, I am not inclined to grant of post arrest bail. Petition is declined accordingly. File be consigned to record room after its completion.

Announced.                                                               

16.09.00000.                                                                  Addl. Sessions Judge,

          XYZ.