Excelsior Correspondent
JAMMU, Aug 27: Principal Sessions Judge Jammu Vinod Chatterji Koul has denied bail to Patwari Bhushan Kumar, son of Puran Chand of Nai Basti R S Pura, who was booked by the police in POSCO Act.
According to the police report, the prosecutrix had lodged a written report on 08.08.2018 alleging therein that the accused had opened the gate of her house and on the pretext of conducting some inquiry used force against her and outraged her modesty.
She has alleged in her report to the police that she was alone at home at the time of the incident and that when she resisted the criminal act of the accused, he ran away. Having received the report, the police registered a case FIR No: 101 of 2018 against the accused for the commission of offences punishable under Sections 354 and 452 of the Penal Code and Section 10 of the POSCO and initiated the investigation.
After hearing Senior Advocate BS Salathia with Advocate Ashish Sharma for the applicant whereas Public Prosecutor Rakesh Badyal for the State, court observed, “accused faces such allegations and charge which would evoke social disgust and social censure of the act imputed to him. Such an act has been found to provoke public anger, outbursts and condemnation. Such an act has been found to provoke people to violence if the situation is not properly and effectively handled and dealt with”.
“In such cases, the exercise of discretion vested in the courts cannot be exercised in favour of the accused as a matter of course and he cannot be granted bail without their being extraordinary circumstances in his favour. In such cases, the exercise of discretion becomes an obligation which cannot be discharged in a cavalier or arbitrary manner”, the court said.
“The incident has definitely shocked the public conscience and people have reacted to the incident by lodging a protest. This court cannot overlook or evade the consideration of genuine public sentiments and grievances involved in the incident. The trust and confidence which people repose in the courts cannot be betrayed”, Principal District and Sessions Judge said.
“The other reason which persuades this court to reject this bail petition is to prevent the accused from absconding and tampering with the prosecution evidence. The gravity of the offence and the severity of the punishment which it would carry on conviction is an aspect that may induce the accused to abscond and avoid justice or tamper with and manipulate the prosecution evidence”, Principal District and Sessions Judge said.
With these observations, court rejected the bail application.
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