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Bail denied in extortion, kidnapping case

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STATE TIMES NEWS
JAMMU: CJM Kathua Amarjeet Singh Langeh rejected the bail application of two accused namely Mir Hamza alias Mian, son of Alam Din, and Noor Din, son of Alam Din, both residents of Village Bakral Colony, Tehsil Marheen and District Kathua who were involved in kidnapping and extortion case.While rejecting the bail application, CJM Kathua observed that occurrence is alleged to have taken place on 16th June, 2016. Petitioners are stated to have been taken into custody on 9th November, 2016. Other co-accused in the case are still at large. Petitioners are also alleged to be involved in many other FIRs. One of the case against the petitioners is subjudice in this court in which petitioners have chosen to remain absent for very-very long time.
File concerned was called and perused. Petitioners are facing trial for offences under sections 353, 336 and 332 of RPC arising out of FIR No. 10 of 2015 in the aforesaid case and next date fixed is 6th January, 2017. Undoubtedly, offence under section 365 of RPC is grave, henious and non-bailable in nature. Even in the FIR at hand, it took nearly five months to police to arrest the petitioners. Antecedents of petitioners, therefore, per say have the potential not only to create panic amongst the prosecution witnesses but also their likely intimidation. Antecedents of petitioners constitute valid and strong circumstance in the consideration of bail application. These cannot be brushed under the carpet. These antecedents per say do not make petitioners a soft stuff to be given concession of bail in the context of nature of accusation, gravity of the offence (365 of RPC) involved and resultant impact on the society, more particularly when other co-accused are yet to be arrested and investigation is at initial stage. Dexterity of petitioners to evade long arm of law needs to be curbed in the interest of societal justice. With these observations court rejected the bail application.

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