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| HC reject bail of former councilor in fraud case | | | Early Times Report
JAMMU, Feb 20: Justice Rajnesh Oswal of Jammu & Kashmir and Ladakh High Court Srinagar Wing today rejected the pre-arrest bail application of Ashiq Hussain Ganai Former Municipal Councilor who was allegedly involved in fraud case.
Justice Rajnesh Oswal on perusal of the record reveals that the complainant had filed an application before Senior Superintendent of Police, Baramulla, against the applicant and others, alleging therein that his brother was lodged in Jail at Jagadari Haryana under Section 302 IPC in connection with killing of an Army Jawan. Three persons, the applicant Manzoor Ahmad Bhat and Ashiq Hussain Lone, claiming to have high political and bureaucratic influence, assured the complainant that they could secure release of his brother and demanded an amount of Rs.5.50 lacs. Believing the assurance of the accused, the complainant made a payment of Rs.3.00 lacs to the applicant and Rs. 1.00 lac to Umar Ganai and the remaining amount of Rs.1.50 lacs was handed over to the accused in cash but despite receiving the aforesaid payment, the accused persons failed to get his brother released from the custody and demanded an additional amount of Rs.1.00 lac which the complainant flatly refused. On his request to do the needful pursuant to the settlement, the accused persons threatened the complainant of dire consequences. The application was forwarded to the concerned Police Station and FIR No.152/2023 for commission of offences under Section 420 and 384 IPC was registered against the applicant and other accused persons.
Justice Rajnesh Oswal after hearing both the sides observed that the allegations against the applicant are very serious in nature and in light of the amount transferred in his account, as is evident from the bank statement, it is, prima facie, established that the applicant has received an amount of Rs.3.00 lacs from the complainant. The contention of learned counsel for the applicant that the applicant has not received any amount from the complainant gets belied in view of the record of the Bank procured by the Investigating Officer. The applicant has himself admitted that he is an accused in FIRs Nos.63/2021, 155/2016, 65/2022 and 283/2016. FIR bearing No.319/2016 was registered under Section 420, 427 and 473 RPC and FIR No.65/2022 was also registered for commission of offence under Section 420 IPC. There are very serious allegations against the petitioner in respect of receipt of money for procuring release of brother of the complainant. No doubt offence under section 420 IPC is punishable with maximum imprisonment of seven years but the antecedents of the applicant are also not clear enough for grant of bail in anticipation of arrest. Needless to say, that the antecedents of the accused and the conduct of the accused are also the relevant considerations for grant of bail in anticipation of arrest. With these observations, the Court is of the considered view that the applicant does not deserve to be admitted to bail in anticipation of arrest. The present application is found to be misconceived and the same is, accordingly, dismissed. |
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