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Can’t grant anticipatory bail merely because custodial interrogation not required: SC

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The Supreme Court has set aside a Kerala High Court order granting anticipatory bail to an accused under the Protection of Children from Sexual Offences Act, 2012, holding that anticipatory bail cannot be granted merely because custodial interrogation is not required.

Criticising the high court order, a bench of Justices Surya Kant and J.B. Pardiwala said: “There may be many cases in which the custodial interrogation of the accused may not be required, but that does not mean that the prima facie case against the accused should be ignored or overlooked and he should be granted anticipatory bail.”

It said the first and foremost thing that the court, hearing an anticipatory bail application, should consider is the prima facie case put up against the accused, thereafter, the nature of the offence should be looked into along with the severity of the punishment.

It added that custodial interrogation can be one of the grounds to decline anticipatory bail, however, even if custodial interrogation is not required or necessitated, by itself, cannot be a ground to grant anticipatory bail.

The complainant’s counsel submitted before the bench that the high court wrongly exercised its discretion while granting anticipatory bail to the accused in a very serious crime like POCSO and, therefore, the order passed by the high court should be quashed and set aside.

The bench said: “In many anticipatory bail matters, we have noticed one common argument being canvassed that no custodial interrogation is required and, therefore, anticipatory bail may be granted. There appears to be a serious misconception of law that if no case for custodial interrogation is made out by the prosecution, then that alone would be a good ground to grant anticipatory bail.”

It noted the victim is traumatised to such a high degree that her academic pursuits have been adversely impacted alone, coupled with the legislative intent especially reflected through Section 29 of the POCSO Act, are sufficient to dissuade a court from exercising its discretionary jurisdiction in granting pre-arrest bail.

As the accused’s counsel submitted that charge sheet has already been filed, the court said: “It will be unfair to presume on our part that the Investigating Officer does not require Respondent No 1 for custodial interrogation for the purpose of further investigation.”

“Be that as it may, even assuming it a case where Respondent No 1 is not required for custodial interrogation, we are satisfied that the high court ought not to have granted discretionary relief of anticipatory bail.”

Setting aside the high court order, the top court said the high court ought not to have exercised its jurisdiction in granting protection against arrest as the investigating officer deserves a free hand to take the probe to its logical conclusion.

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Ugly Fight Breaks Out Between 2 Groups Of Women As They Hit Each Other With Sticks Over Playing Music In UP’s Baghpat

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A dispute over a seemingly trivial matter escalated into a chaotic clash between two groups of women in Uttar Pradesh’s Doghat on Thursday. 

As per reports, the altercation began over playing music but tensions in the area quickly intensified when two groups of women started thrashing each other with sticks and other objects. 

A video of the incident, which has gone viral on social media, shows around eight to ten women involved in a fierce brawl on a busy street. Bystanders can be seen watching in shock, with some attempting to intervene but retreating due to the intensity of the fight.

Several women were injured in the confrontation, and the footage has sparked outrage on social media. 

Reports suggest that local residents eventually managed to de-escalate the situation, but not before multiple women sustained injuries. 

Doghat police have initiated an investigation based on the video. As per reports, they are currently examining the video footage, and appropriate action will be taken following the investigation.

UP: Two burnt alive in truck collision in Fatehpur

Meanwhile, in a separate incident, a truck driver and his helper were burnt alive when two trucks collided and caught fire in the Hussainganj area of Uttar Pradesh’s Fatehpur district, police said on Thursday.

The incident occurred around midnight on Wednesday on the Fatehpur-Lucknow road, Additional SP Vijay Shankar Mishra said.

Vinay Shukla (35), the driver of one of the trucks, and his helper, Ramraj Yadav (23), were burnt alive in the blaze. The occupants of the other truck managed to jump out before the fire spread, Mishra added.

Both victims were residents of Kherwa village in the Shivratanganj police station area of Amethi district. Their bodies have been sent for postmortem, Mishra said.

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National News

J&K Assembly: Scuffle Breaks Out After Engineer Rashid’s Brother Shows Article 370 Banner In House

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J&K Assembly: Scuffle Breaks Out After Engineer Rashid's Brother Shows Article 370 Banner In House

Srinagar: The proceedings of the Jammu and Kashmir Assembly were disrupted after a scuffle broke out in the House between National Conference and BJP MLAs.

According to reports, the House proceedings were briefly adjourned after Engineer Rashid’s brother, MLA Khurshid Ahmad Sheikh, displayed a banner about Article 370, which led to objections from BJP MLA Sunil Sharma.

Irfan Hafeez Lone displayed a banner on the restoration of Article 370 in the J&K Assembly. After a scuffle between Lone and BJP members, the House proceedings were adjourned for 15 minutes. BJP raised concerns over security, questioning how such actions were allowed.

Leader of the Opposition, Sunil Sharma, stated that under special status, some had built their own “palaces” and even cemeteries. This provoked anger from National Conference (NC) leaders. BJP members began chanting slogans in the House, while NC leaders also responded with their own slogans. The visuals of the incident have surfaced on the internet.

In the viral video, the lawmakers can be seen pushing each other on the floor of the house.

After the House resumed following the scuffle, several opposition MLAs causing disruption were physically removed by marshals and evicted from the Assembly.

Meanwhile, PDP moves a fresh resolution in the Jammu and Kashmir Assembly seeking the restoration of Articles 370 and 35A. The BJP opposed the resolution demanding its withdrawal.

Amid uproar, the Jammu and Kashmir assembly has been adjourned till Friday. The UT assembly on Wednesday passed a resolution seeking a dialogue for “restoration of special status and constitutional guarantees” to the Jammu and Kashmir. The resolution was supported by all parties except the BJP.

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National News

J&K: One Terrorist Killed During Encounter In Bandipora’s Kaitsan, Operation Underway

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Bandipora (Jammu and Kashmir): Security forces have eliminated one terrorist in the ongoing Operation Kaitsan in Bandipora, the Army officials said on Wednesday.

According to Army officials, further operation is in progress.

“OP Kaitsan, Bandipora. One terrorist has been eliminated by the security forces in the ongoing Operation. Operation is in progress,” Indian Army’s Chinar Corps said on X.

Earlier on Tuesday, a joint operation was launched by the Indian Army, Jammu & Kashmir Police, and CRPF in the general area of Chuntawadi Kaitsan, Bandipora after an encounter broke out between Security Forces and terrorists.

“Based on specific intelligence input regarding the presence of terrorists in the general area of Kaitsan forest, a joint operation was launched by the Indian Army, Jammu & Kashmir Police, and CRPF in the general area of Chuntawadi Kaitsan, Bandipora. Contact was established and a firefight ensued. Operation is in progress,” Chinar Corps, Indian Army said on X.

One Terrorist Associate Apprehended

In another development on Tuesday, Jammu and Kashmir police along with 22RR and 92 BN of the Central Reserve Police Force (CRPF) apprehended one terrorist associate identified as Ashiq Hussain Wani who is a resident of Tujar Shareef in J-K’s Sopore, said police.

On November 3, twelve people, including one woman, were injured in a grenade attack at the Tourist Reception Centre (TRC) and weekly market in Jammu and Kashmir’s Srinagar on Sunday, police said.

On November 2, two terrorists were killed by security forces during an encounter in Jammu and Kashmir’s Anantnag district. The encounter broke out after security forces initiated an anti-terrorist operation in the Halkan Gali area.

On October 29, the security forces neutralised three terrorists in a high-stakes encounter in Akhnoor, Jammu, and Kashmir, following an attack on an Army convoy.

On October 20, a doctor and six construction workers were killed when terrorists attacked a tunnel construction site on the Srinagar-Leh national highway in the Ganderbal district.

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