Excelsior Correspondent
JAMMU, Jan 11: Chief Judicial Magistrate (CJM), Jammu, S R Gandhi today rejected the bail application of Ganga Dubey, son of Subash Chander of village Tarore, who was arrested in a case of kidnapping and rape of two girls.
According to police report, the accused was arrested on December 15, 2012 in a case registered under Sections 366/376 RPC. The allegations against the accused are that on November 17, 2012 he along with other persons kidnapped two girls from Gharota and committed rape upon them after taking to different places.
After hearing CPO Harminder Singh with PO Rajeshwar Basotra, CJM observed, “the material so far collected by the police pin points the involvement of the accused for the commission of serious offence. There cannot be an inexorable formula in the matter of granting bail. The fact of circumstances of each case will govern the exercise of discretion in the matter of grant of bail”.
“Among other considerations, which a court has to take into account in deciding whether bail should be granted in a non-bailable offence, is the nature of the offence and if the offence is of a kind in which bail should not be granted considering its seriousness, the bail should be refused”, the court said, adding “the investigation of the case is at the initial stage and in case accused is released on bail there is every-likelihood of accused influencing the witnesses and absconding resultantly hampering the witnesses”.
With these observations, court dismissed the bail.
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