Excelsior Correspondent
SRINAGAR, June 1: A Division Bench of the State High Court today set aside the bail order of Dukhtaran-e-Millat chief and others, against whom a case FIR is registered for unlawful activities and Prevention of Damage to Public Property Act.
The State had filed an appeal against the order of Additional Sessions Judge, Anantnag according bail to the Dukhtaran-e-Millat chief Asia Indrabi and others, against whom a case FIR Number 60/2018 in connection with offences under Sections 147/148/149/336/341/427/307, 120-B of the Ranbir Penal Code and Sections 3/4 of the Jammu and Kashmir Public Property (Prevention of Damages) Act, 1985 and under Sections 18/20/38 of Unlawful Activities (Prevention) Act, 1967 (hereinafter referred to as ‘the 1967 Act’), was registered in Police Station, Anantnag.
A Division Bench of the High Court, comprising Acting Chief Justice Alok Aradhe and Justice M K Hanjura, after hearing Sr AAG BA Dar for the State and Advocate M A Qayoom for the respondents, quashed the order of Trial Court, which had granted bail.
“From the perusal of the police report and in our considered opinion, the action of the respondents would fall within the purview of Section 15(1) (a) (ii) read with Section 18 of the 1967 Act. There are reasonable grounds for believing that accusations against the respondents are prima facie true. It is also noteworthy that the investigation in the case is in progress and the respondents have to be interrogated for their involvement in the commission of the offences,” observed the DB and opined that in view of Sections 15, 18, 43-D (5) of the 1967 Act and the material available in the police report, the Trial Court has exercised the discretion to grant the bail in an erroneous manner.
DB further observed that the case decisions relied upon by the Counsel for the respondents are not applicable to the fact situation of this case, which is different. With these observations, Division Bench allowed the appeal filed by the State and quashed the order granting bail to Asia Indrabi and others.
As per the Police report, a violent mob pelted stones and damaged vehicles at KP Road, Anantnag near Shahi Bakery on April 18, 2018 following which a case FIR No.60/2018 was registered at Police Station, Anantnag. During the course of the investigation, it was found that Tawheed Ahmad Rather, Showkat Ahmad Bhat, Tawheed Ahmad Shah, Junaid Sikander Malik, Ashfaq Ahmad Bhat, Suhail Ahmad Dar, Shakir Ashraf Illahi, Muneeb Ahmad Khan, Liyakat Ahmad Dar and Shahid Ahmad Khanday were heading the mob and were incited by the respondents, who were arrested on April 20, in connection with the commission of offences aforesaid.
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