Srinagar: Court Of Special Forest Magistrate Srinagar has rejected the bail to the man accused in the kidnapping of a minor girl in a case under FIR 49/2018 for the commission of offence u/s 363 RPC registered with police station Parimpora Srinagar.
The accused namely Suheel Ahmad Mir S/o Bilal Ahmad Mir R/o Zaina Kadal Srinagar has been arrested by police under FIR 49/2018 for the commission of offence u/s 363 RPC.
Counsel for accused has submitted that the accused is innocent and has committed no offence and authorizing his further detention will curtail his liberty. “He can claim bail as a matter of right and is ready to furnish bail to the satisfaction of the court,” pleaded the counsel.
On the other hand PO for the State, Shaista Zahoor Shah has filed objections and opposed the bail with vehemence on the grounds that accused has committed a heinous and non bailable offence and is involved in kidnapping of a minor girl and deserves no concession. She said, moreover statement of the material witnesses are yet to be recovered under section 164 A CrPC. Therefore he cannot claim bail as a matter of right.
She also urged that if the accused granted bail he will certainly hamper the investigation and tamper with the prosecution witnesses.
Report filed by the police concerned reveals that on 30/7/2018, a written complaint was filed by Tanveer Ahmad Malik in police station M.R Gunj alleging that his daughter namely Azwa had gone to school situated at Aali Kadal but she did not return back home.
She was searched everywhere but not found. The complainant Tanveer Ahmad Malik came to know that the accused had kidnapped her. FIR was lodged against the accused and during the course of investigation the accused was arrested and prosecutrix was also recovered from the possession of the accused on 1/8/2018 and after medical examination she was handed over to her father.
As per case dairy, prosecutrix has been subjected to sexual assault by the accused but the final opinion of doctor is awaited.
But the kidnapped girl in her statement has refuted any kind of sexual assault by the accused.
The court after hearing both counsels said the accused at this stage does not deserve any concession of bail as it will definitely place premium upon the illegal act of the accused.
Therefore the application bail of the accused is rejected, the court ordered.
