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| Court rejects bail plea of accused | | ATM guard murder case | | Early Times Report
JAMMU, Aug 25: The Court of 2nd Additional Sessions Judge Jammu, presided over by Amit Sharma, on Monday rejected the bail plea of accused Amir Yousaf, charged in connection with the sensational murder of an ATM guard during a failed robbery attempt in 2020. The incident occurred on 21 January 2020 when accused persons Mohd. Kaif Lone and Vikas Bashir Lone allegedly tried to break into a J&K Bank ATM at Nanak Nagar, Jammu. The ATM guard resisted the attempt and was brutally assaulted, leading to his death on the spot. The prosecution alleged that accused Amir Yousaf and Tahir Taraq waited nearby in an Alto car to facilitate the escape of the main assailants after the crime. A charge sheet filed in 2021 booked all four accused under Sections 302, 120-B IPC and allied provisions, and the trial has since been underway. Counsel for the applicant, Mr. Rohit Sharma, argued that there was "no iota of evidence" directly linking Amir Yousaf to the killing. He stressed that Yousaf was not present inside the ATM at the time of the occurrence, and that his alleged role was limited to arriving at the spot after the incident. The defence also pressed for bail on the grounds of prolonged incarceration-over four years in custody-and parity, citing that a co-accused had already obtained bail on medical grounds. Opposing the plea, APP Mr. Arvind Rathore contended that the case involved a heinous crime punishable with death or life imprisonment. He highlighted digital evidence, CDRs, eyewitness identification, CCTV footage, and voluntary disclosures that corroborated the accused's involvement in the conspiracy and post-crime activities. The court was also informed that the Alto car used for the escape was recovered at the instance of the applicant. After hearing both sides, the Court held that the evidence on record, including recovery of the Alto car, disclosure statements, and corroborative digital and forensic evidence, established reasonable grounds of believing that the accused was connected with the conspiracy. It further noted that bail in such serious offences would undermine public confidence and pose risks of absconding and witness intimidation. Rejecting the plea, the Court remarked that the case was still under trial and based on circumstantial evidence, which required the chain of events to be fully established. Accordingly, the Court dismissed the bail application of Amir Yousaf, directing that the order be made part of the main trial file. (JNF) |
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