SRINAGAR, June 2: The High Court today quashed the bail granted by Trial Court to chairperson of Dukhtraan-e-Milat (DeM) and her associates.
The Division Bench of Acting Chief Justice Alok Aradhe and Justice M K Hanjura today whiling hearing an appeal filed by the Government against the order of trial court wherein Asiya Andrabi and her associates were granted bail, quashed the same.
Additional Sessions Judge Anantnag had granted bail to DeM chairperson Asiya Andrabi and her associates Nahida and Sofi Fehmeeda against the FIR 60/2018 in connections with various offences under Ranbir Penal Code filed on the basis of information that objectionable material was recovered from the aforesaid persons, which is a threat to the security of the State.
Government through Additional SP Anantnag challenged the bail order by way of an appeal with the submissions made by the State Counsel that Trial Court ought to have appreciated that the trio were active members of declared banned organizations as such under Unlawful Activities Act of 1967 the bail granted to trio ought not to have been granted.
DB on perusal of the police report considered the case and recorded that the action of trio would fall within the purview of Unlawful Activities Act. “From further perusal of the report, it is also axiomatic that there are reasonable grounds for believing that the accusations against the trio are prima facie true”.
Referring the provision contained in the said Act, DB said the age old maxim that grant of bail is the rule and the refusal is an exception does not hold good in a case like the present one provided the court comes to the conclusion that there are reasonable grounds to believe that the accusations leveled against the accused persons are prima facie true.
“In view of Sections of the Act and the material available in the police report, in our considered opinion, the Trial Court has exercised the discretion to grant the bail in an erroneous manner”, DB concluded and allowed the appeal of Government resulting into quashing the bail order granted by the Trial Court to trio.