Special Judge Bala Jyoti rejects bail plea of Revenue Deptt official

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Special Judge Bala Jyoti rejects bail plea of Revenue Deptt official

Bribery Case

6/8/2024 9:53:56 PM

Early Times Report

Jammu, June 8: Special Judge Anti Corruption and CBI cases, Bala Jyoti on Saturday rejected the bail application of a Junior Assistant, Mohammad Ishaq Bhat, in Revenue Department who was arrested by the Anti Corruption Bureau last week for allegedly demanding and taking bribes. Bhat’s counsel moved an application to seek bail for the accused. The Special Judge Bala Jyoti after hearing both the sides observed: “Heard and carefully perused the entire material on record. The learned Public Prosecutor argued vehemently that the accused person was recently arrested and investigation is underway. Moreover, statements of material witnesses are yet to be recorded and if the accused at this initial stage is released on bail, it will hamper the investigation and prosecution shall be seriously prejudiced if any attempt is made to tamper the prosecution evidence.”
The Special Judge further observed: “The Public Prosecutor reiterated in his arguments that the accused person is very influential and there is every likelihood that if the applicant/accused is released on bail the accused may influence the prosecution witnesses.”
“At this stage, it may be appropriate to recollect the broad principles for grant of bail as laid down by ‘Apex-Court’ from time to time. While granting bail, the Court has to keep in mind not only nature of accusation but the severity of punishment and the nature of evidence in support.Reasonable apprehension of witnesses being tampered with or apprehension of threat for the complainant should also be consideration in the matter of grant of bail,” the Special Judge observed.
“Having heard so, and after consideration of entire material on record, it transpires that investigation in the present case is still at its infancy and moreover statements of more material witnesses are yet to be recorded besides there is every apprehension that t

If the accused at this initial stage is released on bail, it will hamper the investigation and prosecution shall be seriously prejudiced if any attempt is made to tamper the evidence.
There is every apprehension that the accused may give slip to law and flee from the course of justice if he is let off on bail.

e accused may give slip to law and flee from course of justice if he is let off on bail. At this stage it is apt to note that perusal of case diaries reveals that investigation is still underway and accused/applicant herein is involved in a very serious heinous offence like corruption and money is recovered during a trap laid down by non applicant/respondent as such the concession of bail as prayed for by the applicant declined as I am in agreement with the respondent that investigation which commenced with the registration of FIR is still at its infancy, moreover the respondent has recovered the cash (bribe amount) from applicant/accused herein and there could be many more evidence, yet to be collected by the Investigating agency. This Court, therefore, finds it too early to release the applicant on bail. Thus for the foregoing reasons, I am not inclined at all to grant bail to the applicant/accused herein at this stage, accordingly the application is dismissed, being premature, however the applicant shall be at liberty to move fresh bail application, once the investigation in the matter in hand is complete or there are change in circumstances or there is undue delay in completion of the investigation on part of prosecution,” the Special Judge ordered.
Background
Pertinently, a special team of Anti Corruption Bureau (ACB), Jammu conducted a raid in the tehsil office of Banihal last week.
Clerk Mohammad Ishaq Bhat, 48, son of Abdul Razik Bhat, resident of Chareel, Banihal was caught red-handed while taking money from someone and was arrested.
They said the clerk had demanded a bribe from the complainant, who approached the Anti Corruption Bureau Jammu which laid a trap.
Officials said his residential house at Chareel in Banihal was also raided. They said after several hours of questioning clerk Mohammad Ishaq Bhat was taken to Jammu by the Anti-Corruption Bureau.

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