Principal District & Session Judge Udhampur Y.P Bourney has rejected the bail application of four accused in much publicized abetment to suicide case occurred in hilly Seoj Dhar area of Basantgarh Tehsil in Udhampur district. However, one accused was granted bail.
Senior P.P, Koshal Kotwal for the State resisted the application on the grounds that all of the accused persons, with common criminal intention, wrongfully restrained and made a murderous assault on one Shiv Raj, who has not been traced dead or alive thereafter.
That although the accused persons are charged with the commission of offences under sections 306, 382, 147 IPC, however, taking stock of the evidence on record and the conduct of the accused persons, they don’t deserve to be enlarged to bail at the stage of proceedings. He added that the trial is also at the very inception and statements of material witnesses are yet to be recorded, as such, applicants are not entitled to bail at this stage.
After hearing P.P for the state and counsel for the accused, the Judge observed that Shiv Raj has not been traced so far dead or alive and their release at this stage could certainly affect the trial. However, accused Hassan Din is admitted to interim bail after taking into account the nature of evidence against him. However, court rejected the bail plea of other four accused persons namely Din Mohammad, Sadeeqs, Ashiq Ali, Mohammad Hassan as pre-mature and hence their prayer was rejected .
