Court rejects bail Delhi based thief involved in theft at Bhawan


Jammu, Jun 5: Sub-Judge Katra Sandeep Gandotra today rejected the bail application of one Sonu Sanu S/o Mohd Umar R/o Delhi E-1 405,Nand Nagri, Tehsil & Distt. Delhi who was allegedly involved in theft at Shri Mata VAishno Devi Shrine Bhawan.
According to the police report that on 24.05.2017, the complainant Parmod Verma S/o Isher Dass Verma R/o VPO Mahanpur Tehsil Mahanpur, Distt. Kathua had moved an application in police station, Bhawan to the effect that he alongwith his friend came for the Darshan of Maa Vaishno Devi Ji and they reached Bhawan at 02-03 AM. Before performing Darshan he along with his friends went at bathing Gat for taking bath and kept his Android mobile of Gionee and cash of Rs. 23,800/- and some clothes in the bag and went for bath. After bath when he returned back, he saw that one person alongwith his associate was running alongwith bag in his hand. He alongwith one of his friends tried his best to nab the culprits, but they ran away and disappeared on the track. On the receipt of this complaint, FIR No. 05/2017 for offence under Section 379 RPC was registered against the accused and investigation started.
During the course of investigation, IO has visited the scene of crime and prepared the site plan; recorded the statements of complainant and of witnesses under Section 161 Cr. P.C. On 26.05.2017 the IO had gone for investigation to Manokamna Bhawan when one person tried to run away on seeing the police party. That person was chased and caught and brought police station, Bhawan. On enquiry that person revealed his name Shamim-ul-Hassan and that person revealed that he alongwith his associates had stolen the bag of the applicant herein and kept it under the bed in room no. 102 of Chinar Hotel Katra. Shamim-ul-Hassan also revealed that his four associates are also in room no. 102 of Chinar Hotel Katra. On this confession the IO went to Hotel Chinar Katra alongwith other police personnel and recovered the stolen bag, cash, mobile phone of Gionee and clothes from accused persons namely 1. Mohd Shakeel 2. Sonu Mohd 3. Mohd Rishan 4. Mohd Yashu and also arrested these four accused persons. From his investigation, the IO has proved offence under Section 379 RPC against the accused.
Sub-Judge Katra after hearing both the sides observed that The allegations against the accused/applicant are very serious and involves committing theft of articles belonging to pilgrims coming to pay obeisance at the holy shrine of Mata Vaishno Devi Ji at Katra. The possibility of some prominent persons in this case cannot be ruled out at the stage. The court in such cases cannot pass order of blanket bail because the court cannot go beyond the statutory command of law more so when faith of general public is involved. The accused is not a resident of J&K State and the investigating officer is going to different states outside J&K for ascertaining the association of other persons engaged in the operation of gang of thieves. Enlargement of accused on bail at this stage would scuttle the investigation and the accused may temper with the evidence and otherwise also the bail at this stage would not be in public interest, which is one of paramount consideration. With these observations Court rejected the bail application. JNF

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