Excelsior Correspondent
JAMMU, Sept 8: Principal Sessions Judge Kathua Vinod Chatterji Koul today rejected the bail application of Shah Nawaz, who was allegedly involved in kidnapping and rape case.
After hearing both the sides, court observed, “offences against women are rising at the present time. The offence has been committed against a woman and against the weaker section of the society”, adding “while granting bail, the court has to keep in mind the nature of accusations, the nature of evidence in support thereof, the severity of the punishment which conviction will entail, the character of the accused, circumstances which are peculiar to the accused, reasonable possibility of securing the presence of the accused at the trial and reasonable apprehension of the witnesses being tampered with”.
“It has also to be kept in mind that for the purpose of granting bail, the Legislature has used the words ‘reasonable grounds for believing’ instead of ‘the evidence’ which means the court dealing with the grant of bail can only satisfy it as to whether there is a genuine case against the accused and that the prosecution will be able to produce prima facie evidence in support of the charge”, Principal Sessions Judge said.
With these observations, court denied bail to the accused.
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