JUDGMENT : 1. The instant bail application has been filed by the applicant/petitioner, seeking grant of bail in case titled, “State Vs. Bishan Dass and ors.” in FIR No. 58/2017 under Section 376 RPC. 2. In this petition, it has been stated that the petitioner has been falsely implicated in the case. The story put forth by the complainant (prosecutrix) is vague. After framing of the charges, the prosecution was directed to lead evidence and out of the witnesses cited in the Challan, four witnesses have been examined, namely, prosecutrix-Jyoti Devi, Dr. Neeraj Nagpal, Kartar Singh and Kulwant Singh. The statement of the prosecutrix has also been recorded and the same is untrustworthy. There are material contradictions in the statement of the prosecutrix, which she narrated before the Court below and given during the investigation. The provisions of Section 497-C of the Cr. P.C has no application in the present set of circumstances. 3. Objections have been filed on behalf of the respondent, wherein it has been stated that the bail application is not maintainable and the same deserves to be dismissed. The Trial Court has already dismissed the application and the order of rejection is reasonable and the same does not require any interference. The accusation against applicant is that on 05th August, 2017, Victim W/o Angrej Singh R/o Pretha, Tehsil Basholi, lodged a written report/complaint in Police Station, Basholi against the alleged accused persons, namely, (i) Lal Singh S/o Girdhari Lal R/o Pretha (ii) Deep Singh S/o Napa Ram R/o Poonda (iii) Panku (iv) Bishan Dass @ Kale S/o Shori Lal R/o Poonda and (v) Aman Deep Kumar S/o Dev Raj R/o Chack Sajan Moola Talab, Kathua, are that the alleged accused persons are constantly raping her for the last more than four months. 4. In the objections, it has also been stated that on 01.08.2017, the alleged accused-Lal Singh S/o Girdhari Lal R/o Pretha forcibly took the complainant to a cowshed and again raped her without the wishes of the complainant and during rape the said accused (Lal Singh) caused hurt to her. After committing such an offence, the alleged accused, namely, Lal Singh also threatened the complainant of dire consequences, if she discloses the incident to anyone. After committing such an offence, the alleged accused, namely, Lal Singh also threatened the complainant of dire consequences, if she discloses the incident to anyone. On the said report/complaint, an FIR No. 58/2017 for the offences under Sections 498/376/323/506 RPC was registered in Police Station, Basholi against the aforementioned accused persons and the investigation was taken himself by the then SHO P/S Inspector-Sukhvir Singh. During the course of investigation, the then SHO (I.O) visited the spot, prepared three Site Plan of occurrences, i.e., Nagrota, Madrore and Nowshera and medical checkup of the complainant was got conducted at Sub-District Hospital at Basholi and further the complainant was also subjected to medical examination at District Hospital, Kathua. After medical examination, the slides were sent to FSL Srinagar for chemical examination, report whereof is still awaited. During the investigation, the statements of the witnesses were recorded under Section 161-Cr.P.C. and the statement of the victim/complainant was also recorded under Section 164-A Cr.P.C. before the Court of learned JMIC Basholi. On the basis of investigation, offences as alleged were found proved. After completion of investigation, challan has been produced which is pending before Pr. Sessions Judge, Kathua. 5. Counsel for petitioner has reiterated all grounds taken in bail petition, whereas State counsel has stated that petitioner is involved in gang rape and has also made video film of sexual assault and thereafter has blackmailed her and committed rape on victim. 6. I have considered the rival contentions and gone through the law on the subject. After concluding the investigation, the Challan has been produced before the Court below. The petitioner also moved bail application before the Court below and the Court below has dismissed the said application vide order dated 19th May, 2018. The concluding part of the said order of the Court below reads as follows:- “6. Section 497-C is the newly inserted Section in the Code of Criminal Procedure in terms of Amendment Act, 2013. 497-C. Special provision regarding bail in certain offences against women etc. The concluding part of the said order of the Court below reads as follows:- “6. Section 497-C is the newly inserted Section in the Code of Criminal Procedure in terms of Amendment Act, 2013. 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. (2) ……………………. (3) ……………………." 7. The contention of the learned counsel for the petitioner/accused that evidence of prosecutrix is riddled with many loopholes and infirmities and therefore, her version is not trustworthy, cannot be accepted, because it will be premature to judge the credibility of the evidence of prosecutrix recorded in the court at this stage. However, it is suffice to say that her evidence, ex-facie, shows that she was subjected to rape by the petitioner/accused and also by other accused on different occasions from the month of April, 2017 to August, 2017. Further, as per evidence of prosecutrix, a video film was prepared by one of the accused, when petitioner/accused was performing the sexual act with her, but the mobile phone used for preparing the said video film could not be recovered during the investigation, which was thrown in Ranjit Sagar Dam, as per disclosure made by petitioner/accused. 8. In the light of reasons stated above, the application filed by the petitioner/accused is misconceived and stands dismissed, which shall be attached with the main file.” 7. As per challan accused/petitioner is facing trial under sections 376/376-D/ 498/323/506/201 RPC. Other accused have been proceeded u/s 512 Cr.P.C. Rape is one of the most barbaric and heinous crimes not only against the victim of the rape but also against the society as a whole. As per challan accused/petitioner is facing trial under sections 376/376-D/ 498/323/506/201 RPC. Other accused have been proceeded u/s 512 Cr.P.C. Rape is one of the most barbaric and heinous crimes not only against the victim of the rape but also against the society as a whole. The cases of rape, gang rape and digital rape are on increase and perpetrators of this inhuman and brutal crime are worse than even the beasts and deserve to be dealt with a heavy hand. The entire country is seriously debating this issue and there are proposals coming forth that death penalty should be the answer to deal with the accused involved in such heinous crime. Every case has different facts; some of the recent rape cases have been so horrifying that the entire nation protested to condemn these barbaric acts and raised a voice to curb the said menace by inflicting more severe punishment. The Government also promptly appointed Justice J.S. Verma Committee to review laws on crimes against women, which recommended certain dramatic changes in the Criminal law relating to offences against women. 8. Undoubtedly there is a manifold increase in the crime concerning rapes, but all the rape cases which are filed have their own individual story and factual matrix. While most of the cases may be genuine, wherein the girl is a victim of this horrifying crime, or has been forced, blackmailed, threatened to enter into physical relationship with a male. 9. In present case accusation against/petitioner is of gang rape, making of video film during rape and thereafter blackmailing and performing of continued rape on victim. Offence u/s 376-D is punishable with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to life which shall mean imprisonment for the remainder of that person's natural life and with fine. Statement of PW Victim, prima facie, shows involvement of petitioner in gang rape. The argument of counsel for petitioner that there are contradictions, improvement and embellishment in her statement, is not tenable at this stage, because detail appreciation of evidence is nor permissible at this stage. 10. Therefore, I am not inclined to accept this bail petition at this stage. Petitioner may file a fresh application before Court below. This petition is dismissed.