Court rejects bail in attempt to rape case

07/04/2018

JAMMU, Apr 6: 3rd Additional Sessions Judge Jammu Haq Nawaz Zargar rejected the bail application of Deepak Jena s/o Basant Kumar Jena R/o Bubaneshwar who was booked by the police in attempt to rape case.
3rd Additional Sessions Judge Jammu Haq Nawaz Zargar after hearing Adv KM Bhatti for the applicant whereas APP for the State where as Adv Sumir Pandita appearing for the complainant observed that n view of the recent incident of crime against women, particularly, such incidents, the courts have already sounded that precaution is to be taken by considering the bail plea of the offenders of such heinous crime. It has been impressed upon the Judicial officers and Sessions Judges dealing with such cases to take care and caution in exorcising discretion to consider their release or otherwise of accused on bail pending investigation and trial, lest the discretion so exercised adverse the societal interests, investigation and fair play for fair trial.”
Court further observed that so far as the contention of counsel for the application/accused with regard to the fundamental and statutory right as enshrined under constitution of J&K State as well as constitution of India and other Laws time being in force is concerned, it is pertinent to mention that though liberty of a person is his cherished right, however, in the case in hand keeping in view the seriousness of the offence and the reasonable apprehension that the witnesses may be tampered by the accused and also keeping in view the lager interest of the society, and also the fact that investigation is going on.
Court further observed that as per the police report, the investigation is going on and a detailed enquiry is still pending in the case and at this stage if the accused is admitted to bail, he will hamper the investigation and it also pass a wrong signal in the society and boost the morale of such culprits. Moreover, the applicant/accused shall also temper the prosecution witnesses. With these observations Court rejected the bail application. JNF

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