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Court rejects bail in POSCO | | | Early Times Report
Jammu, June 8: A local court on Saturday rejected the bail application of an accused in the POSCO Act. Principal Sessions Judge Jammu, VC Koul, rejected the bail application of Balwan Kumar, son of late Manga alias Manga Ram, of Parth Pargwal (Marh Kulla) tehsil Pargwal, Jammu in POSCO Act. The allegations against the accused are that on the night of 01.08.2018 complainant Bali Ram along with his family members were sleeping in their residential Kulla and his daughter aged 16 years, was also sleeping in the Kulla. In the morning he did not found his daughter on her bed and when she did not return he made enquiry and search and during search came to know that she had been kidnapped by accused and hidden her at some unknown place. The court after hearing both the sides observed that accused faces such allegations and charge which would evoke social disgust and social censure of the act imputed to him. Such an act has been found to provoke public anger, outbursts and condemnation. Such an act has been found to provoke people to violence if the situation is not properly and effectively handled and dealt with. In such cases, the exercise of discretion vested in the courts cannot be exercised in favour of the accused as a matter of course and he cannot be granted bail without their being extraordinary circumstances in his favour, the court observed. "The other reason which persuades this court to reject this bail petition is to prevent the accused from absconding and tampering with the prosecution evidence. The gravity of the offence and the severity of the punishment which it would carry on conviction is an aspect that may induce the accused to abscond and avoid justice or tamper with, and manipulate the prosecution evidence," the court ruled. |
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