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| Court rejects bail in case under SC/ST Act | | |
EARLY TIMES REPORT
JAMMU, June 23: In a first of its kind a case of SC & ST (POA) Act, Additional Sessions Judge Udhampur rejected the pre-arrest bail applications of Trilok Gir, Pawan Kumar alias Chotu and Jaswant Chandail.
According to the police report that FIR No. 214/2021 under Sections 3/4 SC/ ST ( Prevention of Atrocity ) Act came to be registered against applicants. Thereafter, on the direction of the court the police submitted detailed report, averred therein, on 15.06.2021 a complaint was received on behalf of one Pusha Devi W/o late Bodh Raj R/o Bharat Nagar Udhampur at Police Station Udhampur duly endorsed by SSP Udhampur vide letter No. Clt/Misc-245/2021/24840 dated 15.06.2021.
Additional Sessions Judge Udhampur SC Katal after hearing both the sides observed that allegation made in the complaint and the police report attracts the above mentioned sub-sections of section 3 of SC & ST (POA) Act and those are sufficient to register the FIR under Special Act. The case stand already registered & there is scope for further investigation into the matter pertaining to Atrocity suffered by the complainant.
The arguments of the counsel for applicants/ accused that they/applicants have been wrongly implicated due to civil nature of dispute or plea of alibi are subject matter of further investigation. At this stage of investigation of the case, it will be premature to reach at the conclusion that no prima facie case is made out under the provisions of SC/ST (POA) Act in view of the bar under Section 18 and section 18 A of the amendment Act of 2018. With these observations, the Court rejected the pre-arrest bail application. (JNF) |
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