Excelsior Correspondent
JAMMU, July 11: Principal Sessions Judge Budgam Khalil Ahmad Choudhary has denied bail to a teacher namely Abdul Rashid Mir posted in Government High School Rawalpora, who has been booked under Protection of Children from Sexual Offences (POCSO) Act and different sections of Indian Penal Code.
After hearing Public Prosecutor and counsel for the accused, the court observed, “the jurisdiction to grant bail has to be exercised on the basis of well settled principles having regard to the circumstances of each case and not in an arbitrary manner”.
“While granting bail, court has to keep in mind the nature of accusation, nature of evidence in support thereof, severity of punishment which conviction will entail, the character, behavior, means and standing of the accused, circumstances which is peculiar to the accused, reasonable possibility of securing the presence of accused at the trial, reasonable apprehension of the witnesses being tampered with, the larger interests of public or State and similar other considerations”, the Judge said.
The court further said, “when the crime alleged is cruel and heinous or brutal, the nature of such crime may induce an instant reaction to refuse the bail. The very seriousness of the offence alleged is sufficient ground to reasonably believe that the accused may misuse his liberty by interference with the evidence that may be available in the case, if possible or by absconding if tempering is not possible”.
“The allegation is that the accused touched the things and cheeks of a young and minor girl, so prima facie there is sufficient evidence on record which makes the court to believe that the accused is prima facie involved in the commission of offence under Sections 354,506 IPC & 12 POCSO”, the court said, adding “besides the offences committed by the accused are heinous in nature and if the accused is released on bail, there will be resentment in the general public, which will lose confidence which it has reposed in the court of law”.
Taking note of the seriousness of the offences alleged against the accused, status of the investigation of the case, the impact of the act of the accused on the society and keeping into consideration the overall facts and circumstances attending in the matter, the court dismissed the bail application.
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