Special Excise Mobile Magistrate Jammu Umesh Sharma has rejected three bail applications of one Rakesh, son of Vinod Bawa, accused in three different cases bearing Nos 1676/2021 pertaining to FIR 216/2021 of Police Station Nagrota, 1716/2021 pertaining to FIR 301/2021 of Police Station Nagrota and 1717/2021 pertaining to FIR 248/2021 of Police Station Bahu Fort, all under sections 357 and 380 of IPC.
Counsel for accused Adv Sudesh Sharma argued that the custody of applicant is no more required as accused is already in the judicial custody adding that offences alleged against the accused are not so grave or of serious nature.
APP Yogesh Bamba appearing for UT said that accused is a habitual offender and involved in multiple FIRs of similar nature and investigations are simultaneously going on, as such his bail applications should not be allowed.
The Special Excise Mobile Magistrate, after hearing counsels for both sides, held that mere factum of accused being in judicial custody cannot entitle him to seek bail especially when he is involved in multiple cases and when investigations are simultaneously going on. He further held that the accused resides outside the UT of Jammu and Kashmir hence there is every apprehension that in case accused is released on bail, he may flee away from clutches of law. In view of facts discussed above, the Special Excise Mobile Magistrate rejected bail applications.
