A local court here rejected bail application of a man accused of kidnapping minor girl here.
As per the prosecution, police arrested Umar Hamid Dar of Suginuyarinar Khag Budgam after the family of a 14-year old girl lodged complaint in concerned police post about her kidnapping on 6 January.
After hearing public prosecutor Saalim Javaid and defence counsel, the court of additional judicial magistrate Srinagar, Nusrat Ali, observed that "it would be improper and premature to admit the accused person to bail at this stage in view of the nature of offence. Application is rejected."
Referring to various provisions of law and Supreme Court judgments, the court said the basic question while deciding bail application is whether grant of bail would thwart course of justice.
"The basic question which must be present to the mind of the court while considering the question of bail is whether the grant of bail would thwart the course of justice. There cannot indeed be any inflexible rule governing the grant of bail. Each case has to be decided on its own facts," the court observed.
The court added that grant of bail is a rule and its refusal is an exception. "But while granting bail, the court has to be satisfied that in a given case its grant is necessary in the interest of justice."
Prosecutor earlier opposed the bail application. He pleaded for rejection of the bail on various grounds, including that investigation is at infancy stage and granting of bail will have adverse affect on the logical conclusion of the investigation.
During preliminary investigation, "the accused was found to be involved in the commission of offence of kidnapping of minor girl and was arrested."
Observing that right of liberty of an individual has to be balanced with the interest of whole society, the court observed that allegations against the accused are grave and it would be improper, premature to admit him on bail at this stage.
