Excelsior Correspondent
Srinagar, Sept 20: High Court today dismissed the bail application of accused involved in the murder.
“In the totality of circumstances, this is not a fit case for grant of bail. Bail application along with connected CM(s) is, accordingly, dismissed. Needless to say, that the expression of any opinion by this Court in the present case will not be treated as an expression on merits of the case”, Justice V C Koul concluded.
The murder accused Zahid Fayaz Mir was seeking bail. He was arrested on 13th August 2020 for the murder.
The charge sheet which was filed by the prosecution says that accused with the help of applicant, killed a person.
While considering application for bail, Justice Koul said, it is necessary to take into account, firstly whether the accused would take up the trial without hampering it and secondly and whether he would subject himself to the verdict of the Court.
“The Court must also consider other factors, such as, serious nature of crime and gravity of circumstances under which such an offence is alleged to have been committed, the position and status of accused with reference of the victim and witnesses, of repeating the offences, of jeopardizing his own life and other relevant grounds”, reads the judgment.
Justice Koul said that it is the duty of parties as well as the Court to see that at the stage of deciding bail application, the Court is not dragged into minute details and in an area of conjectures or hypothesis.
Justice Koul said, the Court must while deciding bail application touch the barest minimum facts necessary to come to conclusion about existence or otherwise of a prima facie case, and if necessary, may mention arguments advanced and reject the same if they require the Court to go into details which merely lead to the conclusion based on some facts and assumptions.
The finding, Court added, is required to be recorded that there is no reasonable ground to believe that accused facing trial under Section 302 IPC, has not committed the offence and the charges have been framed against accused and on the basis of material collected during investigation prima facie finding has been made with regard to involvement of accused.
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