ORDER :

M.K. HANJURA, J.

1. In this petition filed, under Section 561-A Cr.P.C., the petitioner has sought the indulgence of this Court in quashing the order dated 21.09.2017 passed by the learned Judicial Magistrate, 1st Class R.S. Pura, Jammu, whereby the respondent No. 3, Masooma Bibi, has been admitted to bail for the commission of offences under Sections 363/109 RPC.

2. This case reflects a sad and a sordid state of affairs. The fences appear to have swollen the crops. Law has been made lame by the very persons, who were supposed to interpret, execute and implement it. It has been made to limp by those designed and entrusted with the task of protecting the life and limb of the citizens of the State. The learned Magistrate appears to have acted in the most cavalier, casual and perfunctory manner in dealing with the application for admitting Masooma Bibi to bail. The prosecuting officer, who has filed the objections and the ASI Police Station R.S. Pura who has submitted the report in the application for enlarging the accused/respondent No. 3 to bail, have suppressed the material facts, perhaps, deliberately in order to facilitate the exit of the accused/respondent No. 3 from the clutches of the law. All the three i.e. the learned Magistrate 1st Class R.S. Pura, the prosecuting officer and the ASI Police Station R.S. Pura appear to have worked in tandem to deny Justice to a hapless girl victimised and exploited sexually.

3. The facts are eloquent. On 14.09.2017, the accused/respondent No. 3 moved an application before the learned Magistrate 1st Class R.S. Pura for admitting her to bail in FIR No. 189/2017 of Police Station R.S. Pura for the commission of offences under Sections 363/109 RPC, on a complaint of the petitioner that his daughter has been kidnapped. The Assistant Sub. Inspector R.S. Pura prepared and submitted a report before the learned Magistrate 1st Class R.S. Pura on 18.09.2017. The prosecuting officer filed his objections to the application of the accused on 19.09.2017. The statement of the prosecutrix, (name withheld) as envisaged and envisioned under Section 164-A Cr.P.C was recorded on 15.09.2017 by the very Magistrate, who admitted the accused/respondent No. 3 to bail by an order dated 21.09.2017, which is impugned here in this petition.

4. The prosecutrix, as is evident from her statement recorded under Section 164-A Cr.P.C. has a tale to tell. It is a tale of woe covered by the veneer of human degradation. The statement of the prosecutrix is that she is about 15 years of age. On 22.08.2017 at about 8:00 am, she went to the school. She left the school at about 1330 hours for her home located at Chakrohi, Suchetgarh. However, before she could reach her home, she spotted a vehicle, white in colour that stopped near her. Eight to nine persons were sitting in the said vehicle. All of them, except for the driver, alighted from the vehicle. They started beating her and her friend, who was accompanying her at the moment. One of them was wielding a gun. They dashed her school bag unto the ground and forcibly pushed her into the vehicle. The man, who was armed with the gun, told her that, in case she musters the courage to raise a hue and cry, he will put her to death. After pushing her into the vehicle, they too boarded the vehicle. They started beating her. Only one amongst them, i.e. Mst. Masooma Bibi, who lives in her vicinity, was known to her. She (Mst. Masooma Bibi) along with others forced and coerced her to take water. On consuming the same, she lost her consciousness. The inmates of the vehicle talked to someone on phone. They told him that they will carry her (the prosecutrix) to Punjab. It was pitch dark when the vehicle, in which she was pushed, stopped near a forest. There was no habitation in and around the forest except for a shed "kula." They carried her inside the shed. Out of these persons, 4 to 5 were women. The accused/respondent No. 3 stripped her forcibly. She gave her another set of wearing app