Srinagar, Mar 7: A Srinagar court has rejected bail plea of one of the accused in the death of a juvenile allegedly due to “rash and negligent act” at Budshah Nagar area here on February 15 this year.
Dismissing bail plea of Sahil Ahmad, one of the five accused persons arrested in the case, Court of Forest Magistrate Srinagar Firoz Ahmad Khan underscored that the accused apparently has committed an offence punishable with imprisonment for life.
“In the instant case the accused is charged with the commission offence under Section 304 IPC which carries a punishment of imprisonment for life. On the perusal of the police report and on the perusal of the CD file there appear to exist reasonable grounds for believing that the accused in the instant application has committed an offence punishable with imprisonment for life,” the court said.
After hearing Assistant Public Prosecutor (APP), Umer Mansoor, on behalf of the government and counsel for the accused, the court observed that there was no material to satisfy it that there existed reasonable grounds for believing that the accused had not committed an offence punishable with imprisonment for life.
“As such, after hearing Counsel for the applicant and APP for the UT and taking into account the law as discussed, the instant bail application is bereft of any merit,” the court said and rejected the bail plea.
According to the prosecution, on February 15, Police Station Chanapora received information that some shopkeepers in the area had apprehended some suspects from Sky Park, an under construction building.
Upon this, the prosecution said, a police party rushed to the spot and found the shopkeepers had apprehended one juvenile (name withheld). “While questioning the locals, shopkeepers disclosed that four persons were found on the rooftop of the building and the other three had fled away from the-spot. The building premises were searched by Police along with the locals /shopkeepers and one juvenile was found lying near the corner of the building in a critical condition. He was evacuated to hospital for treatment where doctors declared him brought dead.”
Consequently case FIR No.08/2023 U/S 304 IPC was registered and investigation taken up. During the course of investigation, the apprehended juvenile (name withheld) disclosed the names of other two juveniles (name withheld) who were also apprehended.
“The apprehended persons disclosed that they had gone inside the building in order to consume some contraband substance. They also disclosed that the shopkeepers along with the building owner had arrived inside the building, which made all of them flee in panic resulting in the fall of one among them,” the police said.
Accordingly, the building owner along with five other shopkeepers were arrested for the “rash and negligent act causing death of a juvenile.”