The seriousness of alleged offences cannot be the sole reason for rejecting bail, as every person is presumed innocent until proven guilty.

JUDGEMENT/ORDER :

1. The petitioner is seeking bail, in connection with a case arising out of FIR No.08/2021 for offences under Section 354, 354-A, 451, 506, 376, 511 IPC registered with Police Station, Achabal, Anantnag.

2. Before coming to the grounds urged in the bail application, it would be apt to refer to the prosecution case as emanates from the charge sheet laid before the trial court.

3. On 09.10.2021, the prosecutrix lodged a written report before the police of Police Station, Achabal, alleging therein that the petitioner has abused her once again and that when she was coming back to her home after fetching bread, the petitioner abused her and used foul language. On the next day also, the petitioner wrongfully restrained her and threatened to kill her. On the basis of this report, police registered FIR No. 108/2021 for offence u/s 341, 306 IPC and started investigation of the case. The statement of the prosecutrix under Section 161 Cr.P.C. was recorded, on the basis of which offences under Section 354, 354-A and 451 IPC were added to the case.

4. It seems that statement of the prosecutrix was also recorded under Section 164 Cr.P.C. before the Judicial Magistrate, 1st Class, Shangus. In the said statement, the prosecutrix has deposed that on 08.10.2021 at about 9:30 AM, when she was all alone in her house, the petitioner entered her house and told her that he has something to tell her. She further stated that the petitioner caught hold of her hand and when she raised an alarm, the petitioner gagged her mouth and touched private parts of her body. She further stated that she was laid on the ground by the petitioner who sat on top of her and touched private part of her body and tried to commit rape upon her. The prosecutrix went on to state that she hit the petitioner with a broom and escaped from his clutches. According to prosecutrix, she called her sister and when she came on spot, the petitioner offered her Rs.10,000/- and apologized to her but she refused to take the money, whereafter the petitioner gave a beating to her on her shoulder with a broom. She further stated that she went to the hospital and also submitted an application with the police but the same was not entertained by the police. On the next day also, when the prosecutrix went out of her house to fetch bread, the petitioner wrongfully restrained her and used foul language against her. Further the petitioner threatened to kidnap her. The prosecutrix further alleged that the petitioner is a political worker and he wants to get her ration card cancelled.

5. After investigation of the case, offences under Section 354, 354-A, 451, 506, 376, 511 IPC were found established against the petitioner and, accordingly, the charge sheet was laid before the learned trial court. It appears that the trial court vide its order dated 29.12.2021, has rejected the bail application of the petitioner by observing that the offence alleged to have been committed by the petitioner is against the society and is having far reaching consequences.

6. In the application it is contended that the FIR and the charge sheet emanating there from is absolutely false. It is further contended that the allegations made in the report lodged by the prosecutrix, on the basis of which the FIR was lodged, and the allegations made by her in her statement recorded under Section 164 Cr.P.C. are not on similar lines, inasmuch as the prosecutrix, while making her statement under Section 164 Cr.P.C., has made material improvements, which clearly goes on to show that the prosecutrix has falsely implicated the petitioner due to personal grudge. It is also contended that the petitioner is prepared to abide by all the conditions in case he is enlarged on bail.

7. The application has been resisted by the respondent by filing a reply thereto. In the reply, it has been submitted that initially FIR for offences under Section 341, 506 IPC was registered but later on during the course of investigation, on the basis of