Srinagar, Sept 26: The High Court of J&K and Ladakh on Tuesday refused to grant bail to a man accused of raping his stepdaughter in Kupwara last year.
The accused, Farooq Ahmad Dar, was arrested following registration of a case (FIR No.17/2022) with Police Station, Women, Kupwara on 13 June 2022.
Farooq’s counsel had submitted that the prosecution has concluded its evidence and now the case was pending for defence evidence and, as such, there was no apprehension that Dar would tamper with the prosecution evidence.
He further argued that there was “material inconsistencies” in the evidence led by the prosecution, as such Farooq deserves to be enlarged on bail.
On the other hand government counsel argued that Farooq has committed heinous offence of rape upon his step-daughter and the prosecution without any delay has produced the witnesses before the trial court, as such, Dar does not deserve to be enlarged on bail.
“…It is settled law that while deciding a bail application, the evidence led in the case cannot be appreciated though looked in to, for the limited purpose for finding out as to whether there is any evidence or not,” a bench of Justice Rajnesh Oswal said, adding, “The Court cannot meticulously consider and appreciate the evidence led by the prosecution while deciding the bail application.”
Subsequently, the Court declined bail to Farooq “at this stage when the trial has almost reached the stage of culmination.”
At the same time, the court directed the trial court to conclude the trial as expeditiously as possible, preferably within a period of two months.