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Court cancels bail of rape, kidnapping accused
9/19/2006 7:40:16 PM

Jammu, Sep 19 : Municipal Mobile Magistrate Jammu Sanjay Dhar has withdrawn the interim bail of one Narinder Kumar alias Bunty who has been booked by the police for kidnapping and raping a minor girl.
A resident of Camp Mishriwala, Jammu.
Bunty was granted interim bail by the court on September 8, 2006 following a bail application moved by the accused through his brother. The police had booked the accused for allegedly kidnapping a fifteen years old girl by enticing and taking her away for illegal purpose against the consent of her parents.
On Sep 8, the court, after hearing the counsel for the accused and prosecution side and going through the police report, had observed that as per the statement of the prosecutrix she was enticed and taken away by the accused on Many 5, 2006 following which both of them visited several places within and outside the state.
Though the allegations against him are grievous in nature, police agency has not roped him for offence under section 376 RPC meaning thereby his involvement was limited o the extent of offence under section 363 RPC, which through is non bailable offence is not punishable with death or life imprisonment, the court had observed in its earlier order adding, that the accused was in custody for eleven days and his continued detention was of no help to the prosecution. The court had thus granted interim bail to the accused.
However, on Saturday the prosecution moved an application seeking cancellation of the bail of the accused, who was also present in the court, on the ground that during the investigation of the case a case under section 376 RPC (rape) has been made out against the accused.
After going through the case diary produced before it, the court observed that the earlier the accused was only involved in offence falling under section 363 RPC and was admitted to bail but now he has been accused of offence under section 376 RPC.
The accusation being grave and the fact that the investigation was in progress, the court felt that the accused does not deserve the concession of bail. The court thus rejected the plea of the accused to extend the bail and dismissed the bail application accordingly.
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