State Times NewsJAMMU: Principal Sessions Judge Ramban, Kishore Kumar has rejected bail application of Ashiq Hussain, son of Gul Mohd, resident of Sar Mundhar Kastigarh, District Doda, who was allegedly involved in a rape and murder case.On perusal of Police report, it was revealed that on July 30, 2020 Police Station Banihal received information from reliable sources that body of a woman is lying in a decomposed condition at Thandi Shawan Jungle. The proceedings were commenced under Section 174 of Cr PC, during which it was surfaced that victim (named not disclosed), aged about 20-21 years was raped by accused Ashiq Hussain continuously, on pretext of marriage. Due to forced repeated sexual assault committed upon victim, she became pregnant and the accused compelled her to abort the pregnancy, which was not agreed by victim. Thereafter, a conspiracy was hatched and victim was called on pretext of executing Nikah with the accused and taken to some unknown place in the jungle by another accused Nisar Ahmed. She was kept in a Dhok for the night and killed brutally by accused Nisar Ahmed on next day i.e., June 30, 2020. Ashiq Hussain had engaged a Supari killer namely Nisar Ahmed to kill the victim. An advance payment of Rs 30,000 was paid to accused-Nisar Ahmed through money transfer by J&K Bank. Both the accused persons have been arrested and presently are in Police custody.Principal Sessions Judge Ramban Kishore Kumar, after hearing both the sides, observed that it is true that offences of abduction, rape and murder are more serious offences in society and the person who is prima facie found to have committed such offences is not entitled to concession of bail. “The offences, more particularly against woman, have been viewed to be offences against the society at large and letting the accused on bail in such heinous offences, if prima facie, committed, would definitely have deleterious effects on mind of general public and would encourage re-occurrence of such crime. It is true that grant of bail is a matter of judicial discretion; however, the discretion cannot be exercised too loosely particularly in heinous offences of serious nature/matters of grave concern, where trial deserves to be concluded expeditiously. Moreover, in view of discussion made, the accused cannot be admitted to bail in such a heinous and gruesome crime committed against an innocent girl, by raping and thereafter killing her. For foregoing reasons, Court is of the view that petitioner has failed to make out a case for granting bail in his favour, as such, his bail application has been rejected,” he observed.
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