Court denies bail of three in attempt to murder case

26/02/2017

JAMMU, Feb 25: Principal Sessions Judge Samba ML Manhas rejected the bail applications of three accused namely Sunny Kumar, Deepak Gupta and Shubham Kumar who were allegedly involved in much publicized attempt to murder case at Bari-Brahamana.
According to the police case that Accused persons are indicted in FIR No. 05/2017 for commission of offences u/ss 307/341/147/326 RPC for the allegations, that on 10-1-2017, a report was received against accused persons on the basis of recording of statement of injured Ajay Singh S/o Ranjit Singh R/o Kalan Tehsil Bari Brahmana by SGCT Sham Din No. 192/S which reads to the effect,” thaton 10-01-2017 injured was lying in GMC Jammu under treatment who during the recording of his statement before the aforesaid police officer has categorically stated, that he is driver by profession, his friend Sethi had come to him; he has sold his motorcycle one year ago to Sunny alias Mona and had to get Rs. 3500/- from Sunny alias Mona, and for the last two months Sunny alias Mona had assaulted him regarding which he had not reported the matter, and it is the occurrence of 9-1-2017 at 9:30 pm evening, he alongwith Sethi went to Sunny for getting the money and when they reached near Railway station Bari Brahmana, accused no. 1 Sunny alias Mona, accused no. 2 Deepu, & accused no. 3 Shoba alongwith other boys whose names he does not know but can identify them, wrongfully restrained him and his friend Sethi, and with iron rod inflicted blows on him, and all the three accused in furtherance of their criminal intention to kill him, mounted murderous assault on him, whereby, he alongwith his friend Sethi raised hue and cry and some people reached on spot and saved him and the other person accompanying him from the clutches of accused, and had the persons not came on spot, the accused would have killed him; the person accompanying him alongwith the other people shifted him to Om Hospital Bari Brahmana for treatment, from where he was shifted to GMC Jammu for further treatment and he is undergoing the treatment; his both legs and one arm have been broken by accused and in senses he is making statement”.
Principal Sessions Judge Samba M L Manhas after hearing Public Prosecutor Bhupinder Singh Charak for the state observed that The courts while granting or refusing bail have not only to see only the interest of accused but also interest of the society and public at large. Criminal justice does not mean justice to accused only. It is beaten law that interest of society outways the individual interest.From the perusal of the case, it does not transpires that accused have been falsely implicated by the complainant (injured) due to political rivalry. In view of the aforesaid discussion, accused persons have failed to carve out strong case for grant of absolute anticipatory bails in their favour. With these observations court dismissed the bail application. JNF

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