IMPORTANT POINTS
(1) “Bail is rule and jail is exception”, yet in cases involving serious offences against women, particularly offences punishable under Section 376 IPC, Court is required to exercise greater caution while balancing liberty of accused with societal interest and rights of victim.
(2) Summoning of additional witnesses at advanced stage of trial should be an exception.

JUDGEMENT

Bail App. No. 230/2025:

Through the medium of the instant application, the applicant seeks grant of bail in a case arising out of FIR No. 17/2022 registered under Sections 376 and 506 IPC, at Police Station Women Wing Kupwar, on 13.06.2022, alleging that the applicant has been falsely implicated due to long-standing family disputes arising out of the marriage of the applicant with the mother of the prosecutrix. It is contended that the prosecutrix herself had approached the son of the applicant for filing a petition under Section 482 Cr PC before this Court seeking quashment of the FIR, which according to learned counsel materially affects the credibility of the prosecution case.

2. The respondents, vehemently, opposes the application and submit that the allegations levelled against the applicant are grave and heinous in nature involving commission of offence punishable under Section 376 IPC; that the prosecutrix has fully supported the prosecution case and her statement recorded under Section 164 Cr PC. clearly corroborates the allegations levelled in the FIR. It is further submitted that the medical evidence collected during investigation also supports the prosecution version and establishes a strong prima facie case against the applicant.

3. Learned counsel for the applicant submits that material contradictions and improvements have surfaced in the statements of the prosecutrix during trial proceedings; that the prosecutrix has given varying versions regarding the alleged occurrence and that the medical evidence does not support the allegations of forcible sexual assault; that the learned Trial Court rejected the applicant’s application filed under Section 233(3) Cr PC seeking summoning of defence witnesses and the said order is presently under challenge before this Court in the clubbed Criminal Revision Petition No. Crl R-1/2025, wherein proceedings before the learned Trial Court have been stayed.

4. Learned counsel for the applicant further submits that the applicant has remained in custody since 13.06.2022, has no criminal antecedents, is a Government employee having deep roots in society and is not likely to flee from justice or tamper with evidence, as such, he is entitled to be released from custody on admission to bail.

5. Learned counsel for the respondents submits that the applicant, if enlarged on bail, is likely to influence and intimidate material witnesses, particularly the prosecutrix, and there exists every possibility of tampering with prosecution evidence.

6. Heard learned counsel for the parties, perused the record and considered.

7. The prosecution case, as emerging from the record, is that the applicant subjected the prosecutrix to repeated acts of sexual assault and criminal intimidation over a prolonged period, pursuant whereto the aforesaid FIR came to be registered against him. Upon completion of investigation, challan was presented before the Court of learned Additional Sessions Judge (Fast Track Court), Kupwara, where charges under Sections 376 and 506 IPC stand framed against the applicant.

8. The principles governing grant of bail in serious offences are well settled. While considering a bail application, the Court is required to examine the nature and gravity of accusation, severity of punishment in the event of conviction, possibility of tampering with evidence, likelihood of influencing witnesses and the larger interests of society. Reference in this regard may be made to the judgment of the Hon’ble Supreme Court in State of U.P. through CBI v. Amarmani Tripathi, (2005) 8 SCC 21, wherein the parameters governing grant of bail were authoritatively laid down.

9. The Hon’ble Supreme Court has consistently held that though “bail is the rule and jail is the exception”, yet in cases involving serious offences against women, particularly offences punishable under Section 376 IPC, the Court is required to exercise greater caution while balancing the liberty of the accused with societal inte