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| Court rejects bail plea of policeman turned conman | | |
EARly Times REport
Jammu:, Sept 20 Excise Magistrate Jammu Umesh Sharma rejected the bail application of a policeman Mohammad Ramzan Reshi who allegedly duped people of crores of rupees by resorting to fraudulent acts.
According to the police report the applicant has been arrayed as accused in FIR No. 04/2022 u/s 120-B, 420, 468, 471 IPC, 12 Passport Act of Police Station, CID (CIJ), SIA Jammu and at present is in custody.
As per the police report the accused, who is a Head Constable in Jammu and Kashmir Police, has faked his identity in various identity related documents and has also got prepared number of documents including two PAN cards carrying different names and has also obtained passport on the basis of fake documents and has visited Middle East by posing as business. The applicant/accused alongwith few other persons have duped and defrauded number of persons of crores of rupees and have also misled general masses by showing them their photographs clicked with prominent personalities and have also assured them that they can manage big works as they have links in Ministry of Home Affairs etc. The accused, as per report, owns multiple bank accounts and uses VPN etc for communication purposes.
The bail of the applicant has been opposed by the Ld. APP on the grounds that the offences committed by the accused are anti-social, heinous and non-bailable in nature as such the accused cannot claim bail as matter of right; that the modus operandi adopted by the accused in committing the offences indicate his deep criminal bent of mind, therefore, the application deserves outright dismissal; that the accused being a police employee has falsely projected himself as a self-employed person by concealing his profession before the passport office and has got prepared his passport on fake documents; thereafter, the accused has proceeded outside the country with ulterior motive and has established his contact with high profile persons/agencies who are hell bent to disturb the peaceful atmosphere of J&K and are ready to spread terrorism and the accused, by undermining its consequences, has seriously jeopardized the security apparatus of the UT of J&K in particular and that of the country in general; that the accused by preparing fake documents got prepared his passport by concealing facts and has accumulated huge wealth and has shown scant regard for the law of the land with a motive to earn easy money at the peril of delicate security scenario of this trouble torn UT which is still facing the challenge of terrorism; that the accused after preparing passport on fake documents has travelled to the Middle East, a place where hostile foreign agency is known to have setup offices to cultivate and trap Indian citizens especially those belonging to J&K Court while considering the bail application of accused has to consider the gravity of offences, accusation of charge, severity of punishment prescribed for the offences and stage of investigation and in the present case the allegations against the accused are very serious in nature and carry severe punishment; that in case the accused is admitted to bail at this stage of investigation, he will get encouraged and a wrong signal will go to the society; that in case the accused is enlarged on bail he will restart the profession of committing such type of offences periodically; that if the accused is granted bail at this stage, there is every apprehension that he will try to win and influence over the witnesses, hamper the investigation and jump over the bail bond.
Excise Magistrate Jammu Umesh Sharma after hearing both the sides observed that the startling revelations in the police report to the effect that the applicant/accused, who is serving as Head Constable in the police department, has 16 bank account in his name with transaction of around 6 Crore and is in touch with 10 foreign mobile numbers, indicate towards the seriousness of the matter at hand. The investigating officer of the case has also traced the movement pattern of the accused and has found that the accused has visited many parts of the country including Mumbai, UP, Goa etc. and has used numerous mobile applications including VPN etc. for communication purposes. The Court while considering the prayer of the accused for bail in the light of the various circumstances stated above and in view of the facts and circumstances of the case, is of the considered view that a strong prima facia has been made out against the accused. No doubt personal liberty of the accused is his constitutional guarantee but the same can be refused in accordance with the procedure established by law and is required to be balanced with the impact of the offence upon the society. I am of the considered view that if the accused is granted bail, larger interest of the public and that of the state shall surely be defeated. With these observations Court rejected the bail application. JNF |
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