Srinagar, June 19: A local court here on Saturday rejected bail application of a man accused of kidnapping and raping a girl here.
After hearing additional public prosecutor Umer Mansoor and defence council, the Court of Sub-Registrar Judicial Magistrate, Srinagar, Touseef Ahmad Magray observed that the investigation of case is at infancy stage.
“The investigation of the case is at its infancy stage and investigating agency is still to gather more evidence, it is highly likely that the accused may try to influence the investigation if bail is granted at this juncture,” the court said.
Referring to various provisions of law and the Supreme Court judgments, 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, and it is to be seen as to whether the accused is entitled to any concession.
It added presumption that the accused is innocent is not likely to be affected if the bail is refused.
“This presumption (innocence of accused) will continue during the trial also and it is for the prosecution to establish the case against the accused beyond any shadow of doubt,” court observed.
Court said that after considering arguments by prosecution and defence counsel and the material put on place before court, it found no merit in the bail application.
“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 (accused) is enlarged on bail, he may threaten or influence the prosecutrix and other witnesses,” court observed.
It added that enlarging the applicant to bail at this stage, when the investigation is yet to be completed and statement of some more witnesses are yet to be recorded by the investigating agency, may thwart the course of justice.
“I do not find any merit in this (bail) application. The same is accordingly dismissed as premature,” court said.
Earlier, additional public prosecutor Umer Mansoor vehemently opposed the bail application and submitted before court that 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.”