KAPIL DHAR Vs. STATE

JUDGEMENT

(1.) Through the medium of this Bail Application applicant-accused is seeking bail in case FIR No. 277/2015 registered against him in Police Station, Domana, Jammu which upon investigation was challaned in the Court of learned 3rd Additional Sessions Judge, Jammu (Fast Track Court) for the commission of offence punishable under Sec. 376/420 RPC.

(2.) It is contended by Mr. Raina, learned Senior Counsel that applicant-accused had moved the Court of learned 3rd Additional Sessions Judge, Jammu (hereinafter referred to as 'Trial Court ') seeking bail on the ground that a false and frivolous case has been registered against him. It is further contended that applicant was doing MBA from Ghangeri Mohali, Chandigarh and had come to see his family at Jammu and he has been arrested by the Police. After hearing learned counsel for the petitioner-accused, application moved by the applicant-accused for seeking bail was rejected by the learned Trial Court vide its order dated 28.09.2015, copy whereof has been appended with instant application as Annexure-A.

(3.) Bail Application amongst other grounds appears to have been rejected by the learned Trial Court primarily on the plea of the prosecution that in case applicant-accused is admitted to bail, he may jump over the bail and hamper and tamper with the prosecution witnesses and also on the ground that release of the applicant-accused at this stage and his remaining outside will cause deleterious effect on the mind of the general public and thwart the course of justice.