hief Judicial Magistrate(CJM) Srinagar, Gowhar Majid Dalal on Thursday has rejected the bail applilicattion of Auto driver for kidnapping and rape of a Srinagar Girl.
Sources said that on 20.11.2020 Police Station Mahrajgunj Srinagar has received an application from the father of the Girl (name withheld) that his daughter was missing from 19.11.2020 and despite search she was not recovered accordingly Police has registered an case under FIR No. 80/2020 U/S 366 IPC in Police Station Mehraj Gunj and the investigation was started.
During the course of investigation Police has arrested accused Namely Mehran Shafi Bhat S/o Mohammad Shafi Bhat R/o Khanyar Srinagar on 22.11.2020 and during investigation girl was also recovered and it was surfaced that accused has used his auto for the commission of offence and the Girl was also raped in the said auto by the accused.
APP Abdul Rashid Mir while opposing the bail application argued that the offences in which the accused is involved is non- bailable in nature as such accused is not entitled to bail as a matter of right. As such the instant application for bail may be rejected. The investigation of the case is at its infancy as such the enlargement of the accused on bail at this stage would hamper the investigation of the case as the accused may intimidate the prosecution witnesses as such the above motion for bail does not deserve any consideration and may accordingly be dismissed.
Chief Judicial Magistrate Srinagar Gowhar Majid Dalal as per the CNS while rejecting the Bail application said that the accused cannot exonerate himself from the criminal liability at this stage in view of the evidence on file against him. There is prima facie involvement of the present accused in the commission of serious and heinous offence. I deem it proper to disallow the application on behalf of the accused.