Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 376,377-B,493-A

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 376, 377-B & 493-A---Rape, unnatural offence, cohabitation caused by a man deceitfully inducing a belief of lawful marriage---Bail, refusal of---First Information Report was registered under S.376, P.P.C., however, on medical examination, the hymen of the victim was reported to be intact---Accordingly, police dropped the charge under S.376, P.P.C. and incorporated offences under Ss.493 & 377-B, P.P.C.---Victim had fully implicated the accused in her statement under S.161, Cr.P.C.---Inquiry Officer found that the accused had committed the alleged offence and recommended for taking legal action against him---Social Welfare Officer had also conducted an inquiry in the matter and found that the accused had committed the nefarious and immoral offence with his minor student---Accused was, prima facie, connected with alleged offence falling under prohibitory clause of S.497, Cr.P.C.---Accused had committed an offence of moral turpitude bringing bad name to noble profession of teaching---Petition being bereft of merits was dismissed, in circumstances. ORDER ALI BAIG, JUSTICE:---.--- Through the instant bail petition filed under section 497, Cr.P.C. the petitioner/accused namely Ghulam Hussain son of Ali Muhammad seeks post arrest bail in case FIR No.05/2019 registered at Police Station Siksa District Ghanche under sections 376/ 493-A/377-B, P.P.C. on the basis of inquiry report conducted by Assistant Commissioner Chorbat District Ghanche and Social Wellfare Officer Ghanche. 2. Prior to that the petitioner had filed bail petition under section 497, Cr.P.C. for grant of post arrest bail in the court of the learned Sessions Judge, Ghanche which was declined by the learned trial court vide bail orders dated 11.11.2019. Feeling aggrieved and dissatisfied with the aforesaid bail order of the learned trial court, the petitioner has filed the instant bail petition in this court. 3. Precise facts of prosecution case have been narrated by the learned trial court in para No. 2 of its bail order dated 9.11.2019 which are re-produced for convenience as under:- Brief facts of the case against…

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