Excelsior Correspondent
JAMMU, Mar 11: The Court of Special Judge, NIA Cases, Jammu today rejected the bail application of Suhaib Manzoor of Karimabad, Pulwama, an accused in the 2020 Nagrota terror attack case, observing that the material on record prima facie indicates his involvement in activities linked to terrorists of the banned outfit Jaish-e-Mohammed and that his release at this stage could hamper the course of justice.
The order was passed by Special Judge Prem Sagar while deciding the bail plea in RC Number 02/2020/NIA/JMU arising out of the January 31, 2020 Nagrota encounter, in which terrorists travelling in a truck opened fire at a police naka party at Ban Toll Plaza.
According to the prosecution, the terror act was part of a larger conspiracy involving Pakistani handlers, infiltrated terrorists and local associates who allegedly facilitated transportation, shelter and logistics for the militants.
The accused, who figures as accused Number 4 in the case, had sought bail through advocate MA Pandit, arguing that there was no legally admissible evidence directly connecting him with the alleged conspiracy and that the case mainly relied on disclosure statements of co-accused. The defence also submitted that no incriminating material was recovered from his mobile phone and that he was not shown to be in contact with other accused at the relevant time.
Opposing the plea, the NIA through Special Public Prosecutor SK Pathania submitted that the accused was part of a conspiracy aimed at receiving, transporting and harbouring freshly infiltrated Pakistani terrorists in Kashmir Valley and that the case attracted the bar under Section 43-D(5) of the Unlawful Activities (Prevention) Act.
After hearing both sides, the court observed that offences under Chapters IV and VI of the UAPA impose stringent restrictions on grant of bail and that at this stage the court only needs to see whether the accusations are prima facie true. The court also noted that the trial is underway and 41 out of 121 witnesses have been examined.
Observing that the material on record indicates the involvement of the accused in furtherance of terrorist activities and that his release could lead to influencing of prosecution witnesses, the court rejected the bail application.
Follow our WhatsApp channel
