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| Court rejects bail in rape case | | | Early Times Report
JAMMU, Jan 11: Special Judge Electricity Jammu Vinod Kumar today rejected the bail application of one Vansh alias Amit Bhagat who was arrested by Satwari Police station in rape case in FIR No. 250/2023.
Special Judge Electricity Jammu Vinod Kumar after hearing APP Anil Saini for the UT, observed that The offence committed by the accused is serious and heinous and the offence is against the State and society. A young and unmarried girl has been raped and whose life and career has been ruined forever. Besides this the presumption that the accused is innocent is not likely to be effected because this presumption will continue during the trial also and it is for the prosecution to establish the case against the accused beyond any shadow of doubt. The proof which is likely to come on the record cannot be allowed to be thwarted by the accused at this stage. of the considered opinion that this is a fit case for invoking exception to the general rule. The personal liberty guaranteed to the accused is un-doubtly his valuable right guaranteed under Article 21 of the Constitution but same can be refused to him in accordance with the procedure established under law. The right of liberty of an individual needs to be balanced against the interests of whole society and the interests of society are to be preferred over the individual interest. The shameful incident which is stated to have evoked a great social resentment and unrest which revolves round rape committed upon a girl whose life and career has been ruined for ever prompts me to refuse to exercise discretion for granting bail in favor of accused. Thus keeping in mind the discussion as made above, I am of the opinion that the bail cannot be granted to the accused and his application merits dismissal. |
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