DB sets-aside bail order of Dukhtaran-e-Millat Chief, Ors

02/06/2018

SRINAGAR, Jun 1: In an appeal filed by State against the order of Additional Sessions Judge, Anantnag by which she has admitted the Dukhtaran-e-Millat Chief Mst. Asia Indrabi & Ors to bail, against whom FIR No.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 State High Court Comprising Acting Chief Justice Alok Aradhe and Justice MK Hanjura after hearing Sr. AAG BA Dar for the State whereas Adv M A Qayoom for the respodents, quashed the order of trial Court whereby Trial Court granted bail.
DB observed that the police report indicates that on 18.04.2018 at about 7.45 a.m., the police authorities of Police Station, Anantnag, came to know from reliable sources that a violent mob pelted stones on the vehicles at KP Road, Anantnag near Shahi Bakery, as a consequence of which, these got damaged. On this information, a case bearing FIR No.60/2018 for the commission of offences under Sections 147,148, 149, 336, 341, 427, 307, 120-B RPC, 3/4 PPPD Act, was registered at Police Station, Anantnag, with which the investigation ensued. During the course of the investigation of the case, site plan was prepared; some cell phones were seized; the statements of the witnesses conversant with the facts of the case were recorded and 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, who were incited by the respondents were heading the mob. It is further stated in the report that the respondents were arrested on 20.04.2018 in connection with the commission of offences aforesaid. The police report further reveals that three cell phones were recovered from the petitioners namely Asia Indrabi, Sofi Fehmida and Mst. Nahida on the search of their person. On a cursory glance of these phones, it was found that these were carrying the photographs of the leaders of some militants' organizations living across the border. It was also found that the respondents Asia Indrabi is in close contact with the leaders of the militants' organizations living across the border. It is further stated that these phones have been sent to FSL and the report is still awaited. It was also found that it was at the behest and asking of the respondents that the violent mob pelted stones on the moving vehicles on 18.04.2018. It is further stated that the respondents, namely, Asia Indrabi is the Chairperson of "Dukhtaran-i-Milat", which is a terrorist organization. It is also stated that the investigation of the case is in progress and the respondents have to be interrogated for their involvement in the commission of offences under Sections 147, 148, 149, 336, 341, 427, 307, 120-B RPC, 3/4 of the Jammu and Kashmir Public Property (Prevention of Damages) Act, 1985 and 18/20/38 of the 1967 Act.
With these observations, Division Bench allowed the appeal filed by the State quashed the order granting bail to Dukhtaran-e-Millat Chief Mst. Asia Indrabi & Ors. JNF

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