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| Court rejects pre-arrest bail in theft case | | | EARLY TIMES REPORT
JAMMU, Aug 14 (JNF): 2nd Additional Sessions Judge Jammu Vinder Singh Bhou cancelled the pre-arrest bail given to one Ashu, who was allegedly involved in FIR No 45/2020 u/s 436/458/427/380/506 IPC.
2nd Additional Sessions Judge Jammu Virender Singh Bhou after hearing APP DP Singh for the UT observed that in view of the report and the other material on record, grant of bail to the accused in terms of section 438 CrPC is unwarranted because on balancing rights of the accused and that of the society and complainant, rights of the latter have an edge and grant of bail to the accused would shatter the faith and confidence of the public at large in the judicial system and also apprehension of prosecution that accused in case of bail would give a slip to the investigation and law, appears to be genuine and well founded having regard to the antecedents of the accused. The offences alleged against the accused are heinous in nature, the exercise of discretion for grant of anticipatory bail thus, cannot be exercised. The plea of learned counsel for the applicant-accused that bail once granted cannot be cancelled is not tenable because Court while granting interim bail has not taken into consideration the police report and the facts, which emerge there from against the accused and since the absolute bail has not been granted, there is no bar to terminate the interim bail granted in anticipation of arrest by this Court. Post bail conduct of the accused is also not satisfactory as per I.O because he is not cooperating with him and rather threatening the prosecution witnesses from deposing against him. For the reasons assigned herein above, and having regards to the nature of accusations against the accused, severity of the punishment for the offences alleged against the accused, possibility of tampering with evidence and threatening the witnesses being not ruled out, the Court is not inclined to grant absolute bail to the accused and the interim bail granted to the accused on 14.03.2020 is cancelled and bail application is dismissed. JNF
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