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2019 Supreme(J&K) 154

RASHID ALI DAR
Parvaiz Ahmad Lone – Appellant
Versus
State – Respondent


Advocates:
Appearing Counsel:
For the Petitioner(s):Mr. Sheikh Abdul Majid, Advocate
For the Respondent(s):Mr. Sajjad Ashraf, Advocate

Judgment

1. The petitioner herein is craving for bail consequent upon his arrest on 25.04.2018 in FIR No. 02/2018 registered in Police Station Keran, Kupwara for commission of offence under Sections 376, 506 RPC, and is facing trial at present in the court of Principal Sessions Judge, Kupwara.

2. An application for grant of bail moved earlier before the court of learned Principal Sessions Judge, Kupwara has been rejected by the said court vide order dated 31.12.2018 while making the observations that:—

“the allegations against the applicant/accused, in brief are that having committed rape on the prosecutrix, he threatened her to do away with her life, in case she would disclose about the same to the family members. Further that on account of aforesaid rape, the prosecutrix became pregnant and later on she delivered a baby.

Admittedly, the DNA report is negative as it has been mentioned in the result of examination that DNA profile of baby was not found to be consistent as biological child of Parvez Ahmed Lone but to my mind merely in the basis of the aforesaid report it cannot be said at this stage of the case that the aforesaid allegation of rape against the applicant/accused is unt

































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