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| Court reject pre-arrest bail of 8 Ayush doctors in blackmailing case | | | Early Times Report
SRINAGAR, Aug 11: Special Judge Anticorruption Kashmir CL Bavoria rejected the pre-arrest bail applications of Dr. Mushtaq Ahmad Parray, Dr. Shabir Ahmad Parray, Dr. Shiraz Ahmad Lone, Dr. Reyaz Ahmad Teli, Dr. Mohd. Farooq Naqashbandi, Dr. Mohammad Amin Kawa, Dr. Zahoor Ahmad Tantray and Dr. Javed Hussain Mugloo who were booked by the Crime Branch Kashmir in blackmailing case.
While rejecting the bail applications, Special Court observed that The investigation in the present case is at its initial stage and at this stage of the investigation it is not appropriate to exercise the concession of bail in favour of petitioners in anticipation of their arrest in light of incriminating material that has come fore during investigation. It may not be out of place that the petitioner no.2 & 7 have been arrested by the ACB in the instant FIR on 09.08.2021 and in the view of their arrest this application otherwise also has become infructuous.
Court observed that as per the to the police report it reveals there from that the petitioners have been booked in case FIR No.34/2021 registered under sections 420, 120-B, 506 RPC r/w 5(2) of P. C Act at Police Station Crime Branch Kashmir, Srinagar. It also reflects therefrom that during the search conducted of the houses of the petitioners incriminating material related to the allegation has been collected and the presence has been necessitated by the IO for interrogation of the petitioners.
The allegation against the petitioners are with regard to forming of fake Association of Ayurveda, Yoga & Naturopath, Unani, Siddha & Homeopath (AYUSH) Doctors has its office bearers in the form of president, Sr. Vice President, General Secretary, Joint Secretary, Publicity Secretary and Treasurer, are running fake associations with in the UT of J&K under the name of AYUSH from a fake address without any true credentials. The evidence collected and the probe conducted prima facie disclosed that illegal activities are being carried out by so called office bearers of the illegal association who happen to be the gazetted officers/Medical Officers of ISM department by way of blackmailing and impersonation and the said office bearers are threatening the ISM employees for departmental action, transfer and have collected huge amount in cash in the name of association for resorting to illegal activities in the department. During investigation it has also come to fore that AYUSH Doctors Association Kashmir is not registered with the Directorate of Industries and Commerce Kashmir under J&K Societies Registration Act.
The authenticity of the photostat copy of the registration certificate produced by the counsel showing the association affiliated to EJAC has to be seen and recovery of its original yet to be affected from the petitioners and their malafide are reflected from the fact that they have not only used this fake association for harassment of other officials but have influenced the higher office and thereby have by abuse of their official position extorted money from the lower subordinates, threatening them to get them transfer to far-flung areas if they will not pay towards the union. 16. In considering the prayer for grant of anticipatory bail, the court has to evaluate the entire available material against the accused very carefully, the nature and gravity of the accusation and the exact role of the accused must be properly comprehended before arrest is made. A balance has to be struck between two factors that no prejudice should be caused to the free, fair and full investigation and there should be prevention of harassment, humiliation and unjustified detention of the accused besides to consider reasonable apprehension of tampering of the witness or apprehension of threat to the complainant; the element falseness or of genuineness and in the event of there being some doubt as to genuineness of the prosecution, in the normal course of events, the accused is entitled to an order of bail. There is no hard and fast rule regarding grant or refusal to grant bail. Each case has to be considered on the facts and circumstances of each case and on its own merits. The discretion of the court has to be exercised judiciously and not in an arbitrary manner. —JNF |
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