Sub-Judge Convicted of Rape Was Granted Bail by J&K and Ladakh HC

bail law insider

Paridhi Arya

Published on June 2, 2022 at 16:22 IST

Single Judge Bench of Justice Mohan Lal of Jammu & Kashmir and Ladakh High Court had granted Bail to Sub Judge Rajesh Abrol who was convicted of rape by Fast Track Court under Ranbir Penal Code (RPC) of Jammu Kashmir.

The Court asked Abrol to furnish a personal bond of 1 lakh Rupees and two sureties of same amount.

“It is ordered that the substantive sentence passed by the trial court vide judgment dated October 21, 2021 in “State Vs. Rajesh Abrol” against appellant/convict namely Rajesh Kumar Abrol shall remain suspended till final disposal of the appeal, provided appellant/convict executed a personal bond in the sum of ₹1 lakh before Superintendent Central Jail Kot Bhalwal Jammu where appellant/convict is presently serving the jail term, with two sureties of ₹1 lakh each to the satisfaction of Registrar Judicial of this Court,” the Court said.

The appeal was filed against the judgment of Fast Track Court which sentenced him 10 years in prison under Section 376 Rape of RPC along with 50,000 Rupees fine.

The Abrol was further sentenced seven years in prison with 20,000 Rupees fine for cheating under Section 420 of RPC.

According to the prosecution the victim asked for legal help from accused. The accused helped her in taking divorce and asked to do domestic work at his house for which he will pay 5,000 rupees monthly salary and educate her daughter.

When victim planning to leave the work accused put vermillion in his forehead and said that now she is his wife and he was leaving separately from his wife since seven years.

After one year victim come to know that accused already have second wife after divorcing his first wife.

The Trial Court found chain of events and facts brought on record are sufficient to establish the guilt of the accused and inconsistent with the innocence of accused.

In the Appeal Counsel prayed that sentence against Abrol to be suspended and court need to be lenient while considering Bail if there is no statutory restriction.

The Additional Advocate General had countered that Abrol should not be treated with lenience as he ruined the survivor’s life on pretext of marriage.

The Court found that there is no Statutory restriction in granting Bail and so released the Appellant on Bail and asked him to be present in every hearing.

The matter next will be heard on July 27.

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