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| CJM dismisses bail application of accused involved in supply of porno-clippings | | |
Jammu, Nov 15
Chief Judicial Magistrate Jammu Mr. Sanjay Dhar today dismissed bail application of Rajesh Kumar of Bobby Digital Studio involved in supply of Porno-Clippings by downloading the obscene material in the mobiles of boys and girls through his computer. The accused was arrested by the Crime Branch Jammu on November 10, 2006.
The Crime Branch in its report submitted that according to specific information the accused was indulging in supply of porno-clippings while loading obscene material in the mobiles through his computer at Bobby Digital Studio near Government Women College Parade Jammu. On the basis this information, FIR for the offence u/s 67 Information Technology Act- was registered in P/S Crime Branch Jammu. After registration the case, Crime Branch team raided the studio and checked the computer on which accused was loading the material. The police found that more than 500 porno-clippings were loaded in the computer and seized the computer along with its accessories and some CDs. It is alleged that accused is providing obscene material to young generation and had established his business near Women College with the intention of achieving his nefarious design of destroying the moral fabric of the society. The investigation of the case is still in its infancy.
Chief Prosecuting Officer Mr. Maroof Ahmed Manhas contended that accused committed an offence against the society; as such he does not deserve the concession of bail.
CJM after hearing CPO Maroof Ahmed Manhas and Counsel appearing for the accused observed that the accused is alleged to have indulged in storage and supply of pornographic material in electronic form to young generation. This is a very serious allegation that the accused is running his establishment near a women college. This makes the allegations against the accused all the more serious. The police have already seized the computer containing pornographic material from the shop of the accused; therefore, there is evidence on record to connect the accused with the alleged crime. So far as the stage of investigation of case is concerned, a perusal of case dairy reveals that it is still at its inception. The police is yet to investigate as to who is the manufacturer of this pornographic material, as according to the police, some local faces have been observed in the porno-graphic material seized by it which were being identified. If the accused is enlarged on bail at this stage, it is definitely going to hamper the investigation of the case.
Mr. Dhar while dismissing the bail application took serious note of the offence allegedly committed by the accused and further observed that it will not be in the interest of the public and society to extend the concession of bail to the accused. A person, who is indulging in supply of obscene material to young generation and thereby corrupting their minds, does not deserve any leniency from this Court. If the concession of bail is extended to the accused, the persons indulging in similar activities in and around Jammu city will get encouraged. This will lead to destruction of moral fabric of the society. The fact that accused is running his establishment near a women college shows that accused in order to achieve his nefarious designs wants to target even the college going girls. Time has come to arrest this degradation of moral fabric of society by coming down heavily on those who try to destroy it lest it may be too late in the day. Merely because offence alleged to have committed by the accused carries punishment up to five years does not entitle him to grant of bail. Public interest is the paramount consideration in grating or refusing bail to an accused. The grant of bail to the accused is definitely going to injure the public interest rather than to serve it. ‘We as a society are facing rapid degeneration of moral values’, therefore ‘ I as a part of society find it my duty to discourage all those people who want to damage the moral fabric of the society’, the CJM remarked. With these observations he dismissed the bail application of accused Rajesh Kumar.
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