The main legal point established in the judgment is the need to carefully examine the prima facie case, gravity of the charges, and the intentions of the individuals involved in cases involving serious offences such as rape.

Tashi Rabstan, J.

1. Through the medium of this Bail Application applicant-accused is seeking bail in case FIR No. 277/2015 registered against him in Police Station, Domana, Jammu which upon investigation was challaned in the Court of learned 3rd Additional Sessions Judge, Jammu (Fast Track Court) for the commission of offence punishable under Section 376/420 RPC. It is contended by Mr. Raina, learned Senior Counsel that applicant-accused had moved the Court of learned 3rd Additional Sessions Judge, Jammu (hereinafter referred to as Trial Court') seeking bail on the ground that a false and frivolous case has been registered against him. It is further contended that applicant was doing MBA from Ghangeri Mohali, Chandigarh and had come to see his family at Jammu and he has been arrested by the Police. After hearing learned counsel for the petitioner-accused, application moved by the applicant-accused for seeking bail was rejected by the learned Trial Court vide its order dated 28.09.2015, copy whereof has been appended with instant application as Annexure-A.

2. Bail Application amongst other grounds appears to have been rejected by the learned Trial Court primarily on the plea of the prosecution that in case applicant-accused is admitted to bail, he may jump over the bail and hamper and tamper with the prosecution witnesses and also on the ground that release of the applicant-accused at this stage and his remaining outside will cause deleterious effect on the mind of the general public and thwart the course of justice.

3. For facility of reference, ultimate paragraph of order dated 28.09.2015 passed by the learned Trial Court containing conclusion of the Court below is reproduced as under:-

"Given the facts and circumstances of the case, the nature of offence attributed to the applicant-accused, the material place on record including the statement of the prosecutrix recorded under Section 164-A Cr.P.C., the medical report of the prosecutrix and stage of investigation, in my considered view, there is force in the contention of Ld. APP that in case accused will be released on bail, he will jump over the bail and hamper and tamper with the prosecution witnesses. Moreover, release of the accused at this stage and his remaining outside will cause deleterious effect on the minds of general public and thwart the cause of justice."

4. During the course of arguments of this application, learned counsel for the applicant-accused and State have brought to the notice of this Court that during the pendency of this application, charges against the applicant-accused for the commission of offences punishable under Section 376/420 RPC have been framed and challan has been set out for prosecution evidence.

5. Having failed to get the bail from the Trial Court, applicant-accused has approached this Court through the medium of instant application seeking his release on bail on the grounds taken in it.

6. Before this Court considers the grounds projected by the learned counsel for the applicant-accused for grant of bail and arguments put forth by the learned AAG appearing for the respondents-State to oppose the Bail Application, it would be worthwhile to take notice of the prosecution story as set out in the challan pending trial before the learned Trial Court.

7. The case of the prosecution is that in the year 2011 accused approached the victim with marriage proposal, told her that he was in deep love with her and wants to marry her. Initially victim had refused the offer of the accused, however, with repeated persuasions and assurance of the accused, she had accepted his proposal and both of them were in love affair since 2011 and under the garb of the said promise to marriage; accused had sexually assaulted the victim on many occasions. It appears that in the month of October, 2012 accused had taken some nude clips and videos of the victim and threatened her that in case she will force him to marry her, he will upload the nude clips and videos