Early Times Report
JAMMU, June 30: The Court of Special Judge Fast Track Court, POCSO Cases, Jammu, has rejected the bail application of Sunny Kumar, accused in a case registered under Sections 363, 376 and 343 IPC, Section 84 of the Juvenile Justice Act and Sections 3/4 of the POCSO Act. Special Judge Renu Dogra Gupta, while dismissing the bail plea, observed that the allegations against the accused are serious and heinous in nature and that the statement of the prosecutrix/victim recorded before the court fully supported the prosecution case. The accused, through Advocate A.K. Shan, had sought bail on the ground that he has been in custody since March 3, 2021, and that further detention would amount to pre-trial punishment and violation of Article 21 of the Constitution. It was also submitted that he had been falsely implicated and was ready to abide by any condition imposed by the court. The bail plea was strongly opposed by the UT through learned SPP Anuj Gupta, who submitted that the offences were serious, non-bailable and against society at large. The prosecution further argued that the accused did not deserve any leniency and that release at this stage could affect the trial. The court noted that the charge-sheet had been presented on April 24, 2021, and out of 22 listed prosecution witnesses, 15 witnesses, including the victim, had already been examined, while some material witnesses were still to be recorded. While observing that personal liberty is important, the court said a balance has to be maintained between the liberty of the accused and the interest of justice, victim and society. The court further observed that offences under the POCSO Act cannot be viewed with leniency and such cases are required to be dealt with sternly and sensitively. Holding that it would not be in public interest to allow the accused to move freely when witnesses have supported the prosecution case, the court rejected the bail application and ordered that it be made part of the main challan.
(JNF) |
