Excelsior Correspondent
SRINAGAR, Feb 13: High Court today refused to grant bail and quash the charge-sheet pending before the trial court against the politician and Entrepreneur-Industrialist, Nagraj V, with the liberty to seek bail from court below .
The petitioner-Nagraj was seeking quashing of chargesheet titled as UT of J&K versus Nagraj V. and others, pending before the court of Chief Judicial Magistrate, Anantnag, as well as FIR No.77/2024 registered in Police Station Anantnag under Section 420 IPC under Section 482 of the Code of Criminal Procedure.
Justice Vinod Chatterji Koul concluded that the instant petition moved by Nagraj is without any merit and dismissed the same with the liberty to him to approach the Trial Court for grant of bail in accordance with law.
“It is made clear here that I have not adjudicated the contentions raised by petitioner in the petition and the same are left open for petitioner to raise at an appropriate stage in an appropriate proceeding in accordance with law”, the court said.
Justice Koul after perusal of the instant case said, the contents contained therein require and demand full dress trial and examination of facts by this court as if this Court is in appeal and acting as an appellate court and to draw its own conclusion vis-à-vis impugned FIR, complaint and proceedings emanating there from including charge sheet presented before the court of competent jurisdiction.
“This is not the aim and objective of the provisions of Section 482 Cr. P.C. particularly when the petition on hand does not unveil any ground much less cogent or material one, to indicate that the inherent powers are to be exercised to prevent abuse of process of law and to secure the ends of justice. In that view of the matter, the impugned FIR and charge sheet do not call for any interference and as a sequel thereof, petition in hand is liable to be dismissed”, the court concluded.
The petitioner claiming to be a politician being member of BJP and Industrialist after having suffered the dismissal of the bail application on 12.06.2024, passed by the court of Judicial Magistrate 1st Class, Anantnag, approached the High Court for grant of bail by submitting that he is an Industrialist, besides being a politician and has been meeting with the various political leaders/dignitaries of the country.
It is stated that the complainant has got an FIR bearing No. 77/2024 registered against the petitioner-accused on 26.04.2024 as he had paid Rs. 12 lakh to him to discuss some property related matter with him in Delhi and the complainant allegedly entered into some agreement with the petitioner in respect of the property situated in New Delhi.
The petitioner claims to have been arrested on 09.05.2024 from his Delhi residence and while he was in custody of the Police, the complainant, while using his influence with the aid and assistance of the Police authorities, tortured him and by coercion managed to get the substantial amount from him, as the wife of the petitioner transferred Rs. 10 lakhs to the bank account of the petitioner, whereafter Rs. 4,99,900 and Rs. 4,99,900 were transferred from the account of the petitioner to the account of the complainant through online mode.
It is also contended that the complainant, who is a high-ranking Army Officer and the FIR was registered against the petitioner, only under Section 420 IPC and the offences under Sections 467, 468 471 and 419 IPC were not at all made out from the contents of the FIR but still the official respondent in its response before the court of Judicial Magistrate 1st Class submitted that the petitioner has committed offences under sections 420, 120-B, 467, 468, 471 and 419 IPC just to ensure that the petitioner continues to languish in jail.
Follow our WhatsApp channel
