Excelsior Correspondent
JAMMU, Sept 28: Principal Sessions Judge Kathua Jaffer Hussain Beg has denied bail to three accused, who have been booked by the police for sprinkling acid mixed with chilli powder on the face of some persons including women.
The accused persons are Omkar Chand, son of Govind Ram, his wife Reva Devi and son Vipul Sharma of village Dher of Billawar tehsil.
After hearing the arguments of counsel for the parties and perusal of material, the Principal Sessions Judge observed, “this court is vested with the power of grant of bail under Section 439 CrPC. In non-bailable cases where the punishment is death or imprisonment for life, the discretion is to be exercised with caution and after taking various factors into consideration”.
“In the instant case it is to be borne in mind that the allegations against the accused in the FIR and as revealed by the evidence collected by the Police are prima facie to be taken as correct because the case has not reached yet the trial stage”, the court said, adding “the victims in this case are young ladies and the son and the husband of the complainant. Two attempts are alleged to have been made by the accused firstly on the complainant and her sister-in-law and then on her husband and her son on the date of occurrence”.
“The accused persons are said to have first sprinkled acid mixed with Chilli powders on the face of the ladies and then on the gents causing them burn injuries for which they were admitted in the hospital for treatment and one of them namely Sham Lal was referred to Ludhiana hospital for treatment who is still not in a position for deposition”, the court said.
“These acts of the accused persons appear to be dastardly and horrifying. Two young ladies and two young gentlemen for no fault of their have suffered wrath of the accused persons and they have to remain in agony for the rest of their life. It is not agony to them only but to their parents and family members also who have to make arrangements for their treatment and marriage of the victim Mohit Gour if at all they are able to get a match for him”, the court further observed.
“The presumption that the accused are innocent is not likely to be affected if the bail is refused. This presumption will continue during the trial also and it is for the prosecution to establish the case against the accused beyond any shadow of doubt. The proof which is likely to come on the record cannot be allowed to be thwarted by the accused at the trial stage”, Principal Sessions Judge said while rejecting the bail application.
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