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| Court reject OGW’s bail plea | | |
Early Times Report
Jammu, Nov 21: Special Judge NIA Srinagar Sandeep Gandotra rejected the bail application of Sheikh Najamu Saqib who was in contact though various social media applications with the Pak handlers/terrorist of JeM Module in Kashmir valley in criminal conspiracy with handlers across the LOC, are motivating the youth to join the terrorist organization(s) and take up arms against the sovereignty of India, besides indulge in unlawful and terrorist activities.
Special Judge NIA Srinagar Sandeep Gandotra after hearing both the sides observed that so far as the matter of grant of bail to applicant is concerned there is non-obstante clause mentioned in Section 43-D (5) with regard to Chapter IV and VI of this Act. It states that such accused shall not be released on bail or on his own bond if the court, on the perusal of case diary, is of the opinion that there are reasonable grounds for believing that the accusation against such person is prima facie true. In the humble opinion of this court, if the allegations leveled in the police report, CD file and statements of witnesses are to be taken into consideration in entirety at their face value, prima-facie there are reasonable grounds to believe that the accusation against the accused person/ applicant for the commission of offence U/Ss 153-A, 505, 121, 120-B IPC, 13, 39 UAP Act are reasonably true. Therefore the embargo contained Section 43-D (5) with regard to offences under chapter IV & VI of UA P Act is clearly attracted to the facts of this case.
As such, the accused does not deserve the latitude of bail at this stage. In the present case taking into consideration the nature and gravity of offence and the larger interests of the nation/state and security of the nation/UT/state, the accused/applicant is not entitled to bail, as from the statements of the witnesses of the prosecution recorded during the course of investigation by the I.O under section 161/164 Cr. P.C there are reasonable grounds to believe that there is Prima-facie involvement of the accused/applicant herein for the commission of offence U/Ss 153-A, 505, 121, 120-B IPC, 13, 39 UAP Act. As such, the accused/applicant herein does not deserve the latitude of bail at this stage. The application is accordingly dismissed. |
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