Excelsior Correspondent
SRINAGAR, Dec 16: A local court today refused to grant bail to an accused involved in causing death to a woman by miscarriage.
Special Mobile Magistrate Srinagar refused bail to one Mohammad Ayoub Najar of Noorbagh Srinagar FIR No. 157/2023 Offence U/S(s) 66-D IT Act & 34, 120-B, 468 IPC stands registered by the Police Station Safakadal in compliance to court order issued by the court of Chief Judicial Magistrate Srinagar.
A written application from Gulzar Ahamd Bhat son of Abdul Gani Bhat of Shunglipora Noorbagh to the effect that on the instant day complainant came to know from his wife, that his sister Myser Akhter is lying unconscious in her home.
On enquiring about the matter, the complainant came to know that an unknown person has given her a drug to abort the foetus. After that the lady was rushed to LD hospital for treatment where the doctors declared her brought dead.
During further investigation it was surfaced that the sister of the victim sold golden ornaments to one Reyaz Ahmad, having shop with the name and style, Aftab Jewellers at Bagwanpora Noorbagh and Cheque given by said gold smith amounting to Rs 55, 248 on the name of Hilal Ahmad Malik (Brother-in-law of victim).
Subsequently the instant cheque was credited in the account of aforementioned accused 28-11-2023 on the pretext of the abortion of the lady. On 29-11-2023 the victim lady along with her sister and brother (Adil) visited the clinic of aforementioned accused for abortion, as the date of the abortion was fixed day before yesterday i.e. 26-11- 2023.
A prima-facie case has been established against aforementioned alleged accused Mohammad Ayoub Najar son of Abdul Khaliq of Guzerbal Noorbagh Srinagar and the accused was formally arrested on 03-12-2023. The accused is on police remand up to 08-12-2023. Since the investigation is on its infancy and certain things are yet to be unearth.
“Moreover, crime committed by the alleged accused is a crime against society at large. In case the accused is accorded the opportunity of bail, he is bound to destroy evidence, which the Investigating Officer is trying hard to unearth. Hence the report is submitted.”
Additionally, public perception plays a crucial role in maintaining the integrity of the justice system, and releasing the accused could lead to public outrage and loss of faith in the legal process.
“Perusal of the material transpires that the accused was arrested on 03/12/2023 and is in police custody, and the investigation of the case is in its infancy stage and certain aspects are yet to be investigated”, court said.
“Therefore, in view of the report submitted by the police as mentioned supra and the objections filed by the prosecution the accused did not deserve the concession of bail as the application is premature. Hence stand rejected.”
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