January 18, 2018 09:42 PM


Following the rejection of his bail application by the trial court in the much hyped Varnika Kundu case on Thursday, Ashish Kumar, one of the two youths named in the FIR, has decided to move the Punjab and Haryana High Court immediately after receiving the certified copy of the trial court’s order.

The other youth named in the case Vikas Barala has already been granted regular bail by the Punjab and Haryana High Court on 11.01.2018 and this was one of the main arguments put forth by the defence lawyer Rabindra Pandit while seeking regular bail for Ashish Kumar.

The defence counsel sought bail on basis of parity, arguing that Vikas Barala had already been granted regular bail by the Punjab and Haryana High Court in the same case. He also contended that the evidence of the complainant Varnika Kundu had been concluded as per the direction of the High Court during the hearing of the bail application of Vikas Barala.

The defence counsel also pointed to the mismatch between the complaint on the basis of which the initial FIR was filed by the police in the case and the statement of the complainant before the magistrate under section 164 Cr.P.C., wherein she did not mention the attempt to kidnap. This cleared showed that the complaint was nothing but a concoction and fabrication with the help of a legal mind, which was done just to make out a case of serious nature.

The defence counsel also argued that Ashish Kumar had already been incarcerated for more than five months which was not warranted under prevalent law of the land. Citing that there were 37 witnesses in the charge sheet, he contended that examination of these witnesses would take a considerable time and the applicant will remain incarcerated for the duration of the trial, which would amount to punishment for him.

He also sought to attract the attention of the court to the fact that the police had not attached with the charge sheet filed in the case many important documents and footages with a view to strengthen its false case propounded on the basis of fabricated and fictitious record/documents. Hence, the police has failed to investigate the matter/alleged crime fairly, by virtue of which a great prejudice has been caused to the applicant, he asserted.

The defence counsel further mentioned that the applicant had been cooperating with investigating agencies which itself showed that he was a law abiding citizen and was not going to flee from justice.

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