SRINAGAR: The J&K High Court has rejected bail applications of two persons accused of accidentally killing a four-year-old boy in Sopore. Justice M K Hanjura rejected the bail applications on the grounds that the trial of the case is pending before district court Sopore and also taking note of the fact that the trial is towards its end.
“I do not think that it would be appropriate to grant bail to the petitioners at this stage. This application for bail is rejected with the hope that the trial would be concluded at an early date. It is made clear that nothing expressed in this order shall be taken into consideration by the trial court while delivering its judgment on the case,” Justice Hanjura said.
Justice Hanjura referred to a recent decision made by the Supreme Court in the case of State of U.P. vs Amarmani Tripathi, to make it clear that the matters to be considered in an application for bail are: (i) whether there is any prima facie or reasonable ground to believe that the accused had committed the offence; (ii) nature and gravity of the charge; (iii) severity of the punishment in the event of conviction; (iv) danger of the accused absconding or fleeing if released on bail; (v) character, behaviour, means, position and standing of the accused; (vi) likelihood of the offence being repeated; (vii) reasonable apprehension of the witnesses being tampered with; and (viii) danger of justice being thwarted by grant of bail.
Justice Hanjura said that the bail applications were “devoid of merit”. The court held that bail in non-bailable cases is not a matter of right. Bail is the discretion of the court and this discretion has to be supported by reasons and the law governing the grant of bail. The court has to take an overall view of the matter taking all relevant factors into consideration, Justice Hanjura said.
The State has resisted the bail applications on the grounds, inter alia, that on 18.09.2015 the police authorities of Police Station Bomai Sopore received information from a reliable source that some militants had fired upon Bashir Ahmad Bhat S/o Ghulam Mohammad Bhat R/o Sogipora, and as a result his son, Burhan, aged four years, also sustained injuries. On the receipt of the aforesaid information, the authorities of Police Station Bomai registered a case bearing FIR No. 70/2015 under Sections 302, 307, 34 RPC 07/27 Arms Act. The injured Burhan was taken to SKIMS Soura, where he succumbed to his injuries the next day.
The State has told the court that three cartridges were recovered from the spot and, accordingly, a seizure memo was prepared. The assailants/accused were riding a motorcycle and fled away from the spot. They hurled a grenade towards the persons who tried to stop them, but fortunately the grenade did not explode and was recovered from the spot by the Bomb Disposal squad. The statements of the persons present on spot were recorded.
The trial of the case is going on in the Court of Additional District and Sessions Judge, Sopore.