Srinagar, Aug 16: A local Court here Monday rejected the successive bail application of a man accused of stealing nine lakh rupees from the automatic teller machine (ATM) at Natipora here.
After hearing additional public prosecutor Umer Mansoor and defence counsel, the Court of Sub Registrar Touseef Ahmad Magray Srinagar observed that no change of circumstances has occurred to entitle the accused for concession of bail.
While referring to various Supreme Court judgments, the court said that the allegations against the accused in the FIR and as revealed by the evidence collected by the Police are prima facie to be taken as correct because the case has not reached yet the trial stage. “It is to be seen as to whether the accused is entitled to any concession.”
The court observed that the first bail application of accused was earlier rejected by the court and there is no change in circumstances as of now that would entitle him for concession of bail.
“No change of circumstances has occurred to entitle the applicant (accused) for concession of bail. As such, having regard to the manner of commission of offence, gravity of offences and the punishment involved therein, there is great likelihood that in case the applicant is enlarged on bail, he may threaten or influence the prosecution witnesses and temper with vital evidence,” court observed.
It added that enlarging the accused to bail at this stage, when the investigation is yet to be completed and vital recoveries are yet to be made by the investigating agency, may thwart the course of justice.
“For all the foregoing reasons, I do not find any merit in this application. The same is accordingly dismissed,” the court said.
Earlier, Additional Public Prosecutor Umer Mansoor vehemently opposed the bail application, submitting that the accused is involved in the commission of non-bailable and heinous offences as such cannot claim bail as a matter of right.
He further pleaded that the investigation of case is at infancy stage and as such allowing this bail application would have adverse effects on the logical conclusion of the investigation.
He pleaded that out of stolen money, the Police have only so far recovered Rs 2,29,500 and the entire amount is yet to be recovered in the case.
“The release of accused at this stage would not only affect the investigation of the case but would also lead to destruction of material evidence by the accused which will prove fatal for the prosecution case,” he submitted before the court.