Court rejects pre-arrest bail of Dental Surgeon in alleged corruption case

12/06/2018

JAMMU, Jun 11: Special Judge Anticorruption Jammu Sonia Gupta rejected the pre-arrest bail application of Dr. Liqyat Ali Khan Dental Surgeon in alleged corruption case.
According to the VOJ is that FIR 13/2018 u/s 5(1) (d) punishable u/s 5(2) J&K P.C Act Svt 2006 P/S VO Jammu was registered against the petitioner on 30.5.2018 on the basis of secret verification conducted by VOJ to verify the averments made in the complaint lodged by Dr. Shafqat Javed Medical Officer PHC Chatroo, Kishtwar against the petitioner. In the complaint it was alleged by the complainant that he was suspended in the year 2016 when he was posted as BMO Paddar. During those days of suspension, he met Dr. Liyaqat Ali Khan who assured him that his case would be cleared and the complainant would be posted as BMO Bhaderwah for which the complainant shall have to pay Rs.5.00 lakhs to him. The complainant under the forced circumstances transferred Rs. 5.00 lakhs on 20.9.2016 from his J&K Bank branch Bhaderwah to the account of petitioner maintained in J&K Bank branch Bhatindi, Jammu. However, after taking the money through bank, Dr. Liyaqat Ali Khan did nothing and vanished in the air. The complainant faced the enquiry as per the routine procedure and was exonerated and posted as BMO Chatroo, Kishtwar.
CPO Rajesh Bakshi appearing for the VOJ submitted that Accused, prima facie is running a transfer racket in Medical Department in connivance with the officials in Directorate of Health Services. There is every apprehension that the accused will influence the evidence as well as witnesses and also hamper the investigation if he is granted bail. It has been prayed that application for grant of anticipatory bail be rejected.
Special Judge Anticorruption Jammu Sonia Gupta after hearing CPO Rajesh Bakshi appearing for the state observed that grant of pre arrest bail might shatter the faith of common man in the system and also encourage such like people who while sitting on higher positions indulge in such practices. There is every possibility of tempering with the witnesses who are simple people. So, in my considered view, discretion regarding grant of bail in anticipation of arrest can not be exercised in favour of accused in the instant case at this stage. No compelling reasons have been brought into notice of the court so as to exercise the discretion of anticipatory bail. With these observations Court rejected the bail application. JNF

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