Bail denied to 17 accused

SRINAGAR: In the much publicized Deputy Superintendent of Police Ayub Pandith who was lynched mercilessly by 'a mob' outside Srinagar's Jamia Masjid in June, the State High Court on Tuesday rejected the bail application of 17 accused persons allegedly involved in lynching while also framed charges against the accused.
Fourth Additional Sessions Judge, Srinagar, Kamlesh Pandita, after hearing both the sides, observed that material on record in the shape of statements of witnesses recorded under section 161 CrPC as well as under section 164-A CrPC and disclosures and recoveries thereafter and the law, this court is not convinced with the arguments of the defence counsel, at this stage of charge and also the judgements referred by him during arguments are not relevant at this stage. Therefore in the facts and circumstances of the case, this court has no other option to differ with the conclusion arrived at by the investigating officer as there are grounds for presuming that accused persons have committed the offences so accused persons are liable to be charged accordingly.
While rejecting the bail application, 4th Additional Sessions Judge Srinagar observed that no doubt accused are behind the bars for the last few months, however mere incarceration of the accused cannot be ground for their enlargement on bail. "The allegations against the accused/applicants herein are serious in nature as they have allegedly lynched the innocent police officer to death which has shaken the prudent conscience of the society/public at large, court observed and added that this court has found prima-facie material against the accused persons/applicants and the trial is at very infancy stage and the prosecution has yet to commence the evidence and the likelihood of the accused to jump over the bail and the tamper with the prosecution evidence cannot be ruled out. With these observations Court rejected the bail application. The charges were framed against accused namely as Adil Siraj Misgar son of Siraj-ud-din Misger, Dawood Fayaz Zargar son of Fayaz Ahmad Zargar both residents of Jamia Masjid Srinagar, Faisal Manzoor Khan son of Manzoor Ahmad Khan of Raj Bagh Srinagar, Sheikh Khalid Rasool son of Ghulam Rasool, Iqbal Ahmad Khan son of Nisar Ahmad Khan of Chundpora Nowhata, Arsalan Mushtaq son of Mushtaq Ahamd of Chundpora Nowhata Srinagar, Jowenz Hussain Khan son of Mohd Hussain Khan of Rang Haman Nowhata Srinagar, Sameer Ahmad Khan son of Abdul Rashid Khan of Karfali Mohalla Srinagar, Imran Nabi Bhat son of Ghulam Nabi Bhat of Khawja Bazar Nowhata Srinagar, Aarooj Afaq Bhat son of Afaq Ahmad Bhat of Chundpora Nowhata Srinagar, Seerat Hassan son of Mohd Alliyas Dar of Malaratta Nowhata Srinagar, Musavir Nabi Bhat son of Ghulam Nabi Bhat of Waganpora Eidgah Srinagar, Danish Ayoub Budoo son of Mohd Ayoub Budoo of Sazgaripora Hawal Srinagar, Bilal Ahmad Lone son of Abdul Rehman Lone of Saidapora Eidgah Srinagar, Danish Rahaim Mir son of Abdul Rahaim Mir of Eidgah Srinagar, Mubashir Nazir Bhat son of Nazir Ahmad Bhat of Safakadal Srinagar and Owais Ahmad Bhat son of Muneer Ahmad Bhat of Rangpora Ellahibagh Srinagar.
According to the police case that on 22 June, 2017 at 2345 hours when festival of Shabi Qader was being observed at Jamia Masjid Nowhata, some miscreants led by accused persons raising slogans against Union of India, accession of J&K state with the India caught hold of an unknown person who was beaten, lynched to death.
That unknown person turned to be DySP of the 3rd Security deployed to supervise manpower for access control at Jamia Masjid on Shabi Qader. Consequently a case under FIR No.51/2017 u/s 302,148,149,392,341 RPC read with 13 Unlawful Activities (Prevention) Act was registered and investigation was set in motion. During investigation Special Investigating Team (SIT) was constituted which got statements of material witnesses recorded under section 164-A, CrPC as well as u/s 161 CrPC. On sustained investigation, accused persons were found allegedly involved in the commission of above mentioned offences and were taken into custody on different dates.