Jammu and Kashmir Sessions Court recently noticed while excusing a request for anticipatory bail recorded by a spouse who was accused of committing assault and theft against his better half (Maqsood Ahmad Dar and others Versus Union Territory of Jammu and Kashmir).
Principal Sessions Judge, Kulgam Tahir Khurshid Raina said that anticipatory bail isn't intended for those "who do rank guiltiness against the helpless lady" and afterward claim security from arrest.
"It is said that we need to pass judgment the character of any general public, perceive how better they treat their ladies society. Anticipatory bail isn't intended for the individuals who do rank guiltiness against the helpless lady and afterward claim security from arrest. It will be sheer abuse of the provisions of the law," the Court noticed.
Facts of the case
The case against the spouse was that he had hauled the complainant-wife and her little girl and assaulted her.
The applicants/accused were reserved by the police for offenses of theft, house trespass, criminal terrorizing under Sections 392, 458, 354-B, and 506 IPC based on the complaint filed by the wife.
The accused stated that it was a case of a marital dispute which was being projected by the complainant as theft and home trespass.
The Court had before allowed the accused anticipatory bail subject to specific conditions.
When the matter came up for hearing later, the Court noticed that one of the conditions dependent on which bail was granted was that the accused will co-operate with the investigation.
According to the CID document, the accused had given over the request of the Court just a short time after the request for interim bail was passed.
The court observed that It is a glaring infringement of the bail condition which amounts to disrupting the fair and fast examination of the case.
The Court additionally noticed that the material on record recommended that applicants along with other co-accused assaulted the complainant woman and her little girl.
The court also stated that "Regardless of whether the complainant is the wife of one of the accused, it doesn't give him the permit to engage with other people and assault her, attack her and drag her out of her home and afterward claim it to be a matrimonial dispute".
The Court, subsequently, dismissed the anticipatory bail application.