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| Shally Singh murder case | | Court rejects bail application of accused | | EARLY TIMES REPORT
JAMMU, Feb 14 : Special Judge under Enemy Agent Ordinance (Principal Sessions Judge Jammu) A.K.Shan today rejected bail application of Shakur Ahmed and Rattan Chand of tehsil Bhaderwah who are facing trial in enemy agent ordinance case.
Court after hearing both the sides observed that in the present case, witnesses examined turned hostile. It further said that 58 witnesses have been referred to by prosecution and all are witnesses to occurrence. Court said that witnesses examined so far have not supported the prosecution case and hence, bail cannot be granted to the accused when material evidence and eye-witnesses have to be examined.
Court affirmed that it cannot hold the presumption that guilt of the accused at the time of framing charge has vanished. With these observations court rejected bail application filed by the accused persons. According to the police case, on May 30, 2007 police party headed by deceased DySP Shally Singh went to Village Udhrana in Tehsil Bhaderwah to carry out search operation of the house of accused Shakur Ahmed where some militants were hiding.
At the very beginning of search operation, an encounter ensued between the militants hiding in the house and police party resulting in the death of DySP Shally Singh. On this information, police registered a case and started investigation. During the course of investigation, it was revealed that the accused along with one terrorist namely Khalid code Abu Umer of Pakistan were hiding in the house of Shakur Ahmed and succeeded in running away after the occurrence.
In the investigation it has been further proved that the accused were acting as enemy’s agent for giving logistic support to the militants coming from Pakistan as well as those already involved in illegal activities in the state. After completion of the investigation, challan was produced against them. By that time, Pak Militant Khalid had been eliminated by the police.
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