Court rejects bail in negligent act likely to spread infection of disease dangerous to life

02/05/2020

Jammu, May 1: CJM Samba Ajay Gupta today rejected the bail application of one Lakhvinder Singh S/O Charan Singh R/O Chak Ramchand, Sujwan Teshil & District Samba involved in FIR No. 102/2020 for the commission of offence under section 353/188/269/270 IPC. According to the police case as suspected case of Covid-19 was found in village Supwal and the Corona Warriors i.e police party and Naib-Teshildar who are performing their duties in the interest of society at large wherein the movement of villagers was restricted as a precautionary measures. When the patrolling party along with Naib-Teshildar reached at village Chak Ramchand, the accused who was roaming without wearing mask and when police party asked him the reason for roaming without mask, the accused got irritated and attacked on the police party and fled away from the spot as such the accused has committed the offence which is very dangerous in prevailing situation because the district magistrate had declared the areas as hotspot. It has also been pleaded that if the accused is released on bail, it will discourage the confidence of Corona Warriors who are performing their duties in sincerity for the sake of society at large and without caring of their life.
CJM Samba Ajay Gupta after hearing APP Anil Saini for the prosecution whereas Adv Anuj Verma for the applicant observed that iIt is the time when the whole world and in particular our countrymen are appreciating the Corona Warriors who are performing their duties in such a tough time without carrying about their life and family. It is not expected that if a person is stopped and asked why he is not wearing the mask and why he is roaming without reason in the Red Zone Areaa declared by the administration, he shall attack the officers working at the risk of their life. "That apart, the considerations, which normally weigh with the court in granting bail in non-bailable offences, are the nature and seriousness of the offences; the character of the evidence; circumstances which are peculiar to the trial; reasonable apprehension of the witnesses being tampered with; the larger interest of the public or the State and other similar factors which may be relevant in the facts and circumstances of the case. Further, the discretionary jurisdiction of the Court should be exercised carefully and cautiously by balancing rights of the accused and interest of society".
With these observations Court rejected the bail application.

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