Attack on Budgam man | Court declines bail to accused
Srinagar, Aug 12: A court in Budgam on Saturday rejected the bail plea of two persons accused of attacking a man with a knife in central Kashmir’s Budgam district on August 1.
Declining bail to the accused, FidaHussainBhat and Mudasir Ahmad Bhat of ZabberMohallah, Chief Judicial Magistrate Budgam Noor Muhammad Mir said that the duo was involved in “serious, heinous, and non-bailable offences and they do not deserve the concession of bail”.
“The investigation of the case is at the beginning and there is every likelihood that the accused may dissuade the prosecution witnesses from disclosing true facts before the investigating agency,” the court said.
“There is every apprehension that if the accused are admitted on bail at this stage, they would attempt to influence the process of investigation,” it said.
The court observed that keeping into consideration the gravity and seriousness of offence along with the injuries suffered by the victim, the act committed by the accused has caused hurt to the person.
“The punishment prescribed for the offence is life imprisonment and therefore rejected the applications for bail being meritless,” it said.
Earlier, Police in its report said that a complaint was received by it from one person, alleging therein that these accused persons along with another person attacked his brother with sharp-edged knife due to which he sustained injuries in neck, abdominal, and arm.
Police said a case (FIR 209/2023) was registered for the commission of offences under Section 34 and 307 of the Indian Penal Code (IPC).
The prosecution also submitted that offence under Section 307 of the IPC was “heinous” and carries punishment for imprisonment to life, as such there is bar created by the Section 437 CrPC itself on the discretionary jurisdiction of the courts vis-à-vis enlarging the accused on bail.