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HC rejects bail plea of Dokmoka mob lynching accused

By Staff Reporter

GUWAHATI, Aug 30 - The Gauhati High Court today rejected the bail petition of all the 45 accused facing trial in the infamous Dokmoka mob lynching case, who are currently lodged in Nagaon district jail.

The single bench of Justice Rumi Kumari Phukan had yesterday heard at length the arguments from the counsels of the accused, Assam government and the advocate representing the family members of the deceased.

The primary ground for rejection of the bail was the Supreme Court judgement in the Anil Kumar Yadav case cited by the victim�s advocate Bijon Kumar Mahajan. Yadav, who was facing trial under Section 302 and 201 of IPC, was granted bail by a session court which was subsequently cancelled by the high court.

Upholding the high court verdict, the apex court had said, �We are conscious of the fact that the appellants are only under trials and their liberty is also a relevant consideration. But equally important is to consider the impact of their release on bail on the prosecution witnesses and also its impact on society. In order to ensure that during trial the witnesses depose without fear and justice being done to the society. A balance has to be struck.�

Rejecting the bail of the 45 accused today, Justice Phukan said the �ratio of the above decision squarely covers the matter at hand�.

Considering the gravity of the case and materials contained in the case diary which was placed before the court yesterday, the court also rejected the pre-arrest bail application of four petitioners in the case of winning over of witnesses registered at Dokmoka Police Station.

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