Court rejects pre-arrest bail in kidnapping case
02/05/2021
Kathua, May 1: Additional Sessions Judge Kathua Kamlesh Pandit rejected the pre-arrest bail application of one Siraj Din in alleged kidnapping case.
According to the police case that complainant lodged a written complaint with concerned police station that his daughter has been abducted by the accused person including the applicant herein and since then the whereabouts of prosecutrix are unknown and the accused person have also absconded along with prosecutrix and thus are not traceable. On this report of father of the prosecutrix, case under FIR NO. 406/2020 came to be registered against the accused person for commission of offence u/s 366 IPC.
Additional Sessions Judge Kathua Kamlesh Pandit while rejecting the bail application observed that In this case, the accused persons/applicants have committed the offence of abduction of the prosecutrix in furtherance of common intention and are seeking pre arrest bail when the allegations are very serious and their innocence is not prima facie culled out. The offences against the womenfolk are considered not only against an individual but against the whole society. Such offences tend to cause stigma on the person and personality of the women, therefore courts have to exercise discretion after balancing the individual interest of the accused with the common interest of the society. The exceptional jurisdiction of this court for grant of pre arrest bail is for those persons who have regard for the law and not for those who disregard law and take law into their own hands like the case at hand. More so, the investigation is in progress and the prosecutrix till date has not been recovered and in such circumstances, the release of the accused person at this stage would definitely cause dent in the investigation and also there is every apprehension that the accused/applicant may repeat the offence.
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