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| Court dismisses bail application of Nagar Singh, his two brothers | | | Early Times Report
Jammu, Oct 09-- While rejecting the pre- bail application of Chowdhary Nagar Singh and his two brothers in the Amandeep Singh murder case, the 2nd Additional Sessions Judge Jammu Vinod Chatterji Koul held that in view of the investigation conducted so far it has been observed that weapon of offence has been misappropriated by the police officers in connivance in a criminal conspiracy with the petitioners. The report of investigation and perusal of the CD file reveals involvement of the accused in fudging of evidence, as well as in misappropriation of the weapon of offence in criminal conspiracy with the police. The allegations of the prosecutions are shown to be supported by some evidence collected so far showing that during the said period the police officers and the accused/ petitioners have been in constant touch with each other. Therefore, at this stage, as submitted by the counsel for the petitioners, that they have been falsely implicated cannot be accepted. So far as FIR NO 275/2009 for offence punishable u/s 5(2) (Z) Prevention of Corruption Act is concerned, this offence being a special offence is triable by Special Court, therefore, prayer for bail is not maintainable before this Court. No such relief can be granted by this Court as no ground is made out for allowing the prayer made in the application for grant of anticipatory bail. According to the bail application the petitioners apprehend their arrest in FIR No 247/09 of police Station Gandhi Nagar Jammu and are seeking pre-arrest bail. In the application they had pleaded that they are businessmen by profession and run various kinds of business in the State of J&K. They by sheer dint of their hard-work established business and have succeeded in raising their own empire in the business world of the J&K State. Because of business, social, political and other rivalries they have been chosen to be victimized at the hands of their rivals through influential contacts in the top state police brass and the bureaucracy in the state administration with a malafide intention to see that petitioners are ruined in the business and reduced their social status. They apprehended arrest in FIR 247/2009 which was registered with the police station Gandhi Nagar u/s 302/34/201/109/120-B RPC r/w section 3/25 Arms Act. The said FIR has been registered on August 29, 2009 at 1730 hours by then I/C Police Station Gandhi Nagar Jammu, Sub-Inspector Satnam Singh on the basis of an oral report of one Tej Pal Singh for offences punishable u/s 307/323/34 RPC r/w section 3/25 Arms Act. The said FIR with regard to incident in which Amandeep Singh was fired upon with a Desi Pistol (Katta) by one Jatinder Singh in his abdomen in presence of Royal Singh. Due to the said fire Amandeep Singh was seriously injured and he later on died because of injuries. Accused Jatinder Singh is a son of petitioner Choudhary Nagar Singh and after the death of Amandeep Singh the offence u/s 307 RPC was converted to section 302 RPC and Jatinder Singh was arrested by the police. It is alleged in the petition that petitioners and their families and also their relations were under the shock that their son has been falsely implicated at the hands of people having business rivalries. Petitioner Nagar Singh denied having offered hefty amount to the mother of deceased Amandeep as had the firm belief that his son Jatinder Singh falsely implicated in the murder case will be released by the police on its own because of the lack of evidence.
The petitioners submitted that the investigation has been given a new twist on the baseless and hypothetical promise that it is the petitioners who had paid hefty amount of money to police officers for fudging the FSL report and changing the weapon of offence. The petitioners have at no point of time either visited the police station Gandhi Nagar right from the day when FIR was registered on August 29, 2009 and even they never met accused Jatinder Singh or any police officer or a witness and as such there is no question of paying hefty amount by the petitioners to the police officer, the petitioners submitted Because of clash of personal egos of the police officers accused in the case and the police officer investigating the case, the petitioners are being humiliated by unnecessarily harassing them as well as their women folk and also their relations, the petitioners submitted. The petitioners submitted that since SIT is reported to have obtained warrants of arrest, the petitioners apprehend that they shall be arrested by the police of having committed various non-bailable offences such as 120-B/201/109 RPC r/w section 3/25 Arms Act and also 5(2) Prevention of Corruption Act for which they are seeking indulgence of the Court for passing a direction that in the event of their arrest in connection with FIR 247/2009 of police station Gandhi Nagar or any new FIR including the one open FIR already claimed to have been registered under PC Act, they be released on bail. The entire investigation being conducted by SIT is being alleged to be absolutely biased, partisan and unfair aimed at to humiliate and harass so as to mint money from the petitioners under the colourful exercise of power, the petitioners submitted. JNF
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