STATE TIMES NEWS
JAMMU: Special Excise Mobile Magistrate Jammu Umesh Sharma on Monday rejected the bail application of Ayub, son of Shamas Din, arrested under FIR (296/22) under section 454 and 380 IPC registered at Police Station Trikuta Nagar for stealing 22 tolas of gold ornaments, few days before the marriage ceremony of the complainant’s daughter.
While filing the objections, the APP Yogesh Bamba said that during investigation it came to light that the accused also committed a theft in the house of one Tara Chand and stole 12 Tolas of gold ornaments. “Taking clue from CCTV footage and other evidence, the identity of the applicant/accused got established. Moreover, the accused is involved in other 5 theft cases also,” APP Yogesh Bamba pointed out.
Counsel for the applicant submitted that the applicant has been implicated in a false and frivolous case and police has put the applicant behind bar. Counsel submitted that applicant has not committed any offence as alleged by the police and is an innocent person and is neither involved nor related with the commission of offence.
The IO during investigation found applicant as well as his two other associates as the culprits. The bail application was strongly opposed by APP who submitted that the offences committed by the accused are non-bailable, serious and heinous in nature as such accused cannot claim bail as a matter of right. He further contended that the accused is a habitual offender and has adopted theft as a profession.
The Special Excise Mobile Magistrate went through the Police report and hearing counsels of both sides held that the accused is involved in almost 5 other FIRs also and on the same day he committed theft in another house also. Report further reveals that recovery in the instant case is almost complete. The police report also revealed that the accused/applicant alongwith two other associates, trespassed in the house of the complainant and committed theft of 22 Tolas of gold and other ornaments which the complainant had purchased for the marriage of his daughter.
The Special Excise Mobile Magistrate has considered the prayer of the accused for bail in the light of the various circumstances stated above and in view of the facts and circumstances of the case he is of the considered view that a strong prime facia exists against the accused. Therefore in view of all what has been discussed here in above, the prayer of the applicant for grant of bail is rejected and the application is hereby dismissed, the court observed.