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| Court rejects bail plea of terrorist | | | Early Times Report
JAMMU, Oct 12: Principal District and Session Judge Ramban Bala Jyoti today rejected bail plea of a terrorist for being allegedly involved in anti-national activities.
Application for bail had been filed by one Abdul Latief son of Ghulam Mohammed, a resident of Village Shagan in Tehsil Banihal and District Ramban. Advocate for petitioner was Balbeer Singh Bali. The accused had sought bail on the grounds that he is implicated in a false and frivolous case by Police Station Banihal despite the fact that he is an innocent person and he has neither committed any offence nor involved in any offence whatsoever under any penal act alleged by the prosecution and prosecution story is concocted one against the applicant,
He had further prayed that there is no material evidence against the petitioner and is booked by the police in a concocted, hypothetical story which is false and frivolous, fundamental canon of the criminal jurisprudence is the presumption of innocence of an accused till he found guilty and the provision of the bail is for the purpose of restoration of the liberty of the accused person and that the refusal of bail at this stage will be harsh to the accused person as his liberty shall be curtailed without any reason.
Prosecution who was put on notice opposed the present application vigorously on various grounds which included that an FIR bearing No. 122/2010 came to be registered at Police Station Banihal against the accused person for offences u/s 3/6 Indian Wireless Telegraphy Act, 13/18/19/20/21 Unlawful Activities Act and that during the course of investigation, petitioners admitted that they are aforesaid offences and have committed a heinous offences against the State and are working against the integrity of the nation.
He further said that wireless sets have been recovered from the possession of accused, that the offences which the accused has committed is against the state and country in general hence such type of accused should not be released on bail because in that eventuality the accused will start committing the same offences in future also; that if accused is enlarged on bail he may tamper and hamper the prosecution evidence and if the accused will be enlarged on bail he may not face the trial in the court hence the present application is liable to be dismissed.
The settled law regarding bail is that the court may grant bail even in non-bailable offences provided the court is of the opinion that presence of the accused person will be secured during trial and he will not tamper with evidence or win over the witnesses. Court added that there is no gain denying the fact that accused person in involved in the cases of anti-national activities, jeopardizing the security of the state and endangering lives of people of this state.
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