Court rejects bail of one in Niki Tawi violence case

04/01/2019

JAMMU, JAN 03: In a much publicized case in which mob injured police cops & ors when they were on anti-encroachment drive in Niki Tawi, City Judge Jammu Surinder Singh rejected the bail application of one Muneer Ahmed who was allegedly involved in stone-pelting on police cops in which Vice Chairman, Jammu Development Authority and four police officers were among about 18 persons injured and at least a dozen vehicles damage.
Court after hearing Sr. PO Raj Kumar appearing for the State observed that JDA Jammu lodged a report with the in charge police post Canal Road Jammu on 22-12-2018 wherein it was stated that in compliance with the direction of the Hon'ble High Court of J&K issued in the PLI No. A/2012 titled Ashish Sharma and Ors V/S State of J&K and other vide OWP No. 1133/2018 to remove/demolish the encroachment over State Land/JDA land, a Joint anti-encroachment drive was fixed to be held at Javed Nagar Jammu on 22-12-2018 JDA, Municipal Corporation and Forest Department and District Administration Jammu. Accordingly, the anti encroachment drive as started at 6:30 AM near 4th Tawi Bridge adjoining Javed Nagar, Jammu however some miscreants/local residents of Javed Nagar heavly stoned pelted the officers/officials and also damaged Government/police vehicles deputed from aforementioned anti encroachment drive. Some local residents badly manhandled the deployed officers/officials leading to injuries and their subsequent hospitalization. The local residents strongly resisted and created hurdle in performing official duties by the officers/officials deputed for the said task. In the light above cited facts a request was made to lodge FIR under relevant section of Law signed Shruti Bhaardwaj KAS Tehsildar, Zone-B, Assistant Estate Officer, Chief Enforcement Officer, Jammu development authority, Jammu. On this written complaint FIR supra for offence U/S U/S 307/332/353/147/336/427/382/323/447-A/188/RPC was registered and investigation started the IO visited the place of occurrence, prepared site plan and recorded the statement of witnesses U/S 161 Cr.PC. IO took the possession of the damaged vehicles from the spot and prepared the seizure memo in respect of the same. In the man hunt launched to nab the miscreants involved in the commission of crime, applicant came to be arrested. The injured were referred for medical aids. Search for absconding accused is being made pursuant to the disclosure statement made by the arrested accused.
Court further observed that A Cr.PC are yet to be recorded it has been held in number of case that gravity of offence involved is likely to induce the accused to avoid the course of justice and must weigh with the court when considering the question of bail and so also heinousness of the crime. Keeping in view the charge against the accused and material collected so far by police agency suggest the complicity of accused in commission of alleged crime. There appears reasons for believing the applicant involvement in the crime, so granting the bail at this stage may frustrate the efforts of the investigating agency in collecting evidence.
That apart from public and state interest involved in the matter adds to its gravity as the laws meant for the maintaining the public order cannot be used to disturb it. Above all, chances of applicant tempering with the evidence which is yet to be collected cannot be ruled out. Thus looking the seriousness of the offence alleged refused of the bail to accused would be proper which is hereby refused and application of bail is dismissed. The application is according disposed of. Be consigned to record after its due compilation. JNF

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