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| Court denies bail to OGW | | |
Early Times Report
Jammu, Feb 3 Principal Sessions Judge Ramban Bala Joyti today denied the bail to an alleged Over Ground Worker (OGW), of Hizbul Mujahdeen (HM) -a banned militant organization, who was arrested by police on January 19 last.
According to the detailed police report, the applicant identified as Abdul Hamid Targwal son of Abdul Aziz Targwal of Ind is over ground worker of HM and is actively working for the benefits of militants in the area since long.
Police report said that the accused was arrested in FIR No 64/2007 under section 17/18/20/21/10/11 Unlawful Activities Act and was sent to JIC Jammu but later on was set free. There is a specific mention in the objections taken by the prosecution that the applicant/accused person has not given up “anti-national activities” and continued to be OGW and is still working for the HM outfit and was arrested on January 19 last and another accused person identified as Mohammad Shafi has also been arrested and both the accused persons have been sent to JIC Jammu for further investigation. During course of proceedings it has been brought to the notice of this court by the prosecution that movement of both the accused persons is doubtful and anti-national within territorial jurisdiction of Police Station Gool.
Principal Sessions Judge Ramban Bala Joyti after hearing Public Prosecutor GN Manhas appeared for the state and Adv Ah. H Yattoo appearing for the applicant and gone through the points raised by both the sides and observed that carefully perused the police report objections taken by the prosecution and the case diaries produced before me by IO. From careful perusal of case diaries it appears that the applicant/accused herein had an active role in the previous incident wherein large consignment of arms and ammunition was traced out and on search operation the police party has recovered deadly weapons from the hide out of the militants.
Yattoo has vehemently argued that the accused person is innocent one and has been falsely implicated by the Police and said that gravity of charge and nature of evidence is another important consideration that weighs heavily at the time of granting bail in cases of serious nature. There is no gain denying the fact that the accused/applicant is allegedly involved in the cases of antinational activities jeopardizing the security of the state and endangering lives of people of this state, Court emphases that liberty is only for those who care for the liberty and human rights of others. The bail sought for by the present accused/applicant in light of supra is hence denied. The application is accordingly rejected.
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