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| Rakesh denied bail in Amandeep murder case | | | Early Times Report
JAMMU, Mar 5: 2nd additional sessions judge Subash C Gupta today dismissed the bail application of Choudhary Rakesh Singh, younger brother of Nagar Singh alias Nago, facing trial in the Amandeep murder for allegedly fudging evidence. The bail application was filed by Rakesh on the ground that he was falsely implicated in the case for commission of offences under sections 409 and 120-B of RPC.
He had, on his own, surrendered before the court and since then, he was behind the bars. He submitted in the bail application that for the last two years, only three witnesses had been recorded. There were total 98 witnesses and there was every likelihood that the trial would take a lot of time to conclude and therefore to continue the detention of the applicant in jail, would serve as a measure of punishment. Rakesh submitted that his entire business would be ruined if he continued to be in the jail. Also, there was nobody to look after his family.
He said he would not abscond or otherwise tamper with prosecution evidence. In the same challan, Jagar Singh, his real brother, was granted bail. Therefore, since the eyewitnesses had been recorded, he be also extended with concession of bail, he added.
In his objections, special PP said the accused was facing charge under 409 of RPC which carried punishment of life imprisonment and in that case, he could not claim bail as a matter of right.
The conduct of the Rakesh, during trial, even from inside the jail, was very destructive, as he had made every possible attempt for conspiring with the other accused to eliminate those associated with the complainant party. Also, the witnesses against the petitioner were yet to be recorded.
In case, he was released on bail, in that eventuality there was every likelihood that he might threaten the prosecution witnesses, who were yet to be examined. More so, he might make efforts to win over them as he was an influential person which was evident from his past conduct. He was the main culprit, who got replaced the original weapon of offence after conspiring with police personnel upto the rank of the then superintendent of police, Jammu. Prayer was made for the rejection of his bail application. The judge, after hearing the counsels of the two sides, observed that it could be said with certainty that there were strong accusations against the petitioner which proved prima facie his involvement in the grave, heinous and serious offence of hatching the criminal conspiracy of swapping the weapon of offence in the instant case, with the help of police officers, including district chief of police -- Manohar Singh -- who were entrusted with the investigation and changing the bullet with the help of FSL officials, including ballistic expert S H Bhukhari.
Severity and degree of punishment was at higher side in the instant case. Faith of the general public would be shattered in case, the petitioner was admitted to bail in such a heinous crime. Though the individual liberty was considered as a cardinal right of an accused, it could be scarified where the large interest of the society was involved. Courts were supposed to deal with the accused with iron hands, who involved themselves in organised crime, like the one committed in the instant case, in order to reimpose the confidence of public at large in the administration of justice.
With these observations, the court denied bail to Rakesh. |
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