|EARLY TIMES REPORT|
JAMMU, Jan 18: 3rd Additional Sessions Judge Jammu Subash C Gupta today again rejected one bail application filed by Imtiyaz Ahmed Bhat who is government employee for carrying militant activities at Kishtwar.
Police report reveals that on 28.09.2019, an information was received by the police station, Kishtwar through their reliable source that some persons namely Nissar Ahmed son of Bashir Ahmed Rather of Hunjala Kishtwar, Asif has established a underground network for harboring, providing transportation and other logistics services to the terrorists associated with the banned Organization -Hizbul Mujahideen ( HM) for carrying out attacks against the security forces. It is further the allegation against them that they are managing meetings with an active militant namely Mohd Amin alias Jahangir Saroori for carrying out militants activities in the area. On the basis of this report, a Case FIR No.230/2019 for the commission of offences under sections 13,18,19,38 &39 UA(P) Act of P/S Kishtwar.
Court after hearing APP Sanjay Kohli appearing for the prosecution observed that accusations against the present applicant/accused is serious, heinous, grave viz-a-viz security ,integrity and sovereignty of Union of India and of our Union Territory. However, in the case cited the allegations are confined to providing of meal to the terrorists, without knowing by the applicant/ accused that they were in fact, the terrorists. Accordingly, the citation referred is not being made applicable to the present matter. In view of the matter, there is sufficient incriminating material / evidence both, verbal as well as documentary collected by the Investigating officer in the matter, whereby for drawing an inference/opinion by this court that there are reasonable grounds existing for believing that the accusation against the applicant/accused is prima facie true. Having drawn such an inference, Court is of the considered opinion that in view of existence of a specific bar under the relevant provisions of Proviso to Section 43-D (5) of UA(P) Act 1967, applicant /accused Imtiayaz Ahmed Bhat is not found entitled to bail. With these observations Court rejected the bail application. --(JNF)