Court rejects bail in attempt to murder case

07/10/2020

Jammu, Oct 7: CJM Samba Ajay Kumar Gupta rejected bail application of Tersam Lal and Ajay Kumar who was allegedly involved in attempt to murder case.
CJM after hearing APP Anil Saini for the UT observed that the police report and the CD file in particular, it reveals that the accused persons have been arrested in FIR No.247/2020 U/S 307/341/323/34 IPC of P/S Samba. The registration of above mentioned FIR against the accused and their alleged involvement in the above mentioned case clearly indicates that the accused are involved in a serious and heinous offence, thus in such cases court should be more careful while granting or rejecting the bail. From the perusal of CD file, it has been prima facie established that the accused persons along with another accused, Anil Kumar had stopped the way of the victim and hit him with the Lathi on his head due to which the victim sustained serious injuries. The victim was admitted in GMC Jammu, where the victim has been operated upon his head and he remained in ICU on Ventilator in a critical condition. During the course of arguments Ld. APP has shown a video made by IO wherein the victim has been shown in critical condition and after operation a portion of his scull has been kept in his stomach for another surgery. The victim is not in a position to even speak properly. The condition of the victim is still critical who had suffered the head injury because of the act of the accused persons. I have also seen the statements of the witnesses recorded by the IO during the investigation from where prime facie offence alleged against the accused persons is made out. The offence committed by the accused persons is serious and heinous in nature, the statement of the victim is still to be recorded, who is struggling for his life and the offence committed by the accused persons also carries punishment up to life imprisonment. As the accused persons are involved in a serious and heinous offence and the investigation are yet to complete and prima facie involvement of the accused persons in the above mentioned case has been made out. The victim is still struggling with his life and his statement is yet to be recorded. Furthermore there is every apprehension that the accused persons will tamper the evidence. Thus, if in such type of offences the accused are granted bail; it will certainly affect the larger interest of public. The general public will lose its faith in criminal justice system and such type of accused persons are not entitled to the discretionary jurisdiction of the court for granting the bail. Thus, this is fit case where the bail application of the applicants needs to be rejected.

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