Vijay Kumar And Others vs State And Ors. on 11 September, 2018

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Jammu & Kashmir High Court

Vijay Kumar And Others vs State And Ors. on 11 September, 2018

Bench: Sanjay Kumar Gupta

                     HIGH COURT OF JAMMU AND KASHMIR
                                 AT JAMMU

B.A No. 133/2018
                                                     Date of order: 11.09.2018
Vijay Kumar and ors.                Vs                        State of J&K and ors.
Coram:

     Hon'ble Mr. Justice Sanjay Kumar Gupta, Judge
Appearing counsel:

For Petitioner(s)  :        Mr. M. P. Sharma, Advocate.
For respondent (s) :        Mr. F. A. Natnoo, AAG.

i)     Whether to be reported in
       Digest/Journal                      :      Yes/No.
ii)    Whether approved for reporting
       in Press/Media                      :      Yes/No.
B.A No. 133/2018

1. The applicants/petitioners have filed the instant application for grant of anticipatory bail in FIR No. 0294 dated 11th August, 2018, registered with the Police Station, Kathua on various grounds.

2. A preliminary objection has been raised by counsel for the respondent-

State that the petition under Section 497-A Cr.P.C. is not maintainable in view of Section 497-C Cr.P.C. Section 497-C Cr.P.C reads as under:-

497-C. Special provision regarding bail in certain offences against women etc. -

(1) Notwithstanding anything contained in this Code no person accused of an offence punishable under section 304-B, 326A, 370, 376, 376A, 376C, 376D or 376E of Ranbir Penal Code, shall if in custody, be released on bail or on his own bond unless the Public Prosecutor has been given an opportunity of being heard on the application for such release:

Provided that such accused person shall not be released on bail or on his own bond if the Court, on a perusal of the case diary or the report made under section 173 of the Code, is of the opinion that there are reasonable grounds for believing that the accusation against such person is prima facie true.

B.A. No.133/2018 Page 1 of 2

(2) The restrictions on granting of bail specified in sub-section (1) shall be in addition to the restrictions under the Code or any other law for the time being in force on granting of bail. (3) Nothing in section 497A of the Code shall apply in relation to any case involving the arrest of any person accused of having committed an offence specified in sub-section (1)."

3. From the bare perusal of Section 497-C (3) of Cr.P.C., it is evident that provisions of Anticipatory Bail are not applicable to the offence under Section 376 Cr.P.C. In the present case, all the accused haves been booked under Section 420, 376 and 109 RPC. Therefore, the instant application is not maintainable. The same is, accordingly, dismissed.

(Sanjay Kumar Gupta) Judge Jammu 11.09.2018 Bir B.A. No.133/2018 Page 2 of 2

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