The seriousness of the offense and the prima facie credibility of the evidence can influence the decision on a bail application.

1. The instant bail application has been filed by the applicant/petitioner, seeking grant of bail in case titled, “State Vs. Bishan Dass and ors.” in FIR No. 58/2017 under Section 376 RPC.

2. In this petition, it has been stated that the petitioner has been falsely implicated in the case. The story put forth by the complainant (prosecutrix) is vague. After framing of the charges, the prosecution was directed to lead evidence and out of the witnesses cited in the Challan, four witnesses have been examined, namely, prosecutrix-Jyoti Devi, Dr. Neeraj Nagpal, Kartar Singh and Kulwant Singh. The statement of the prosecutrix has also been recorded and the same is untrustworthy. There are material contradictions in the statement of the prosecutrix, which she narrated before the Court below and given during the investigation. The provisions of Section 497-C of the Cr. P.C has no application in the present set of circumstances.

3. Objections have been filed on behalf of the respondent, wherein it has been stated that the bail application is not maintainable and the same deserves to be dismissed. The Trial Court has already dismissed the application and the order of rejection is reasonable and the same does not require any interference. The accusation against applicant is that on 05th August, 2017, Victim W/o Angrej Singh R/o Pretha, Tehsil Basholi, lodged a written report/complaint in Police Station, Basholi against the alleged accused persons, namely, (i) Lal Singh S/o Girdhari Lal R/o Pretha (ii) Deep Singh S/o Napa Ram R/o Poonda (iii) Panku (iv) Bishan Dass @ Kale S/o Shori Lal R/o Poonda and (v) Aman Deep Kumar S/o Dev Raj R/o Chack Sajan Moola Talab, Kathua, are that the alleged accused persons are constantly raping her for the last more than four months.

4. In the objections, it has also been stated that on 01.08.2017, the alleged accused-Lal Singh S/o Girdhari Lal R/o Pretha forcibly took the complainant to a cowshed and again raped her without the wishes of the complainant and during rape the said accused (Lal Singh) caused hurt to her. After committing such an offence, the alleged accused, namely, Lal Singh also threatened the complainant of dire consequences, if she discloses the incident to anyone. On the said report/complaint, an FIR No. 58/2017 for the offences under Sections 498/376/323/506 RPC was registered in Police Station, Basholi against the aforementioned accused persons and the investigation was taken himself by the then SHO P/S Inspector-Sukhvir Singh. During the course of investigation, the then SHO (I.O) visited the spot, prepared three Site Plan of occurrences, i.e., Nagrota, Madrore and Nowshera and medical checkup of the complainant was got conducted at Sub-District Hospital at Basholi and further the complainant was also subjected to medical examination at District Hospital, Kathua. After medical examination, the slides were sent to FSL Srinagar for chemical examination, report whereof is still awaited. During the investigation, the statements of the witnesses were recorded under Section 161-Cr.P.C. and the statement of the victim/complainant was also recorded under Section 164-A Cr.P.C. before the Court of learned JMIC Basholi. On the basis of investigation, offences as alleged were found proved. After completion of investigation, challan has been produced which is pending before Pr. Sessions Judge, Kathua.

5. Counsel for petitioner has reiterated all grounds taken in bail petition, whereas State counsel has stated that petitioner is involved in gang rape and has also made video film of sexual assault and thereafter has blackmailed her and committed rape on victim.

6. I have considered the rival contentions and gone through the law on the subject. After concluding the investigation, the Challan has been produced before the Court below. The petitioner also moved bail application before the Court below and the Court below has dismissed the said application vide order dated 19th May, 2018. The concludin