Early Times Report
Jammu, Feb 1: 3rd Additional Sessions Judge Jammu Madan Lal rejected the bail applications of Ashiq Ali @ Akhi, Ashraf Ali @ Sheefu and Lal Hussain who were allegedly guides of terrorists who killed CRPF jawan in Hiranagar.
As per Prosecution case, brief allegations as per charge sheet against the applicants are that during intervening night of 07/08-06-2024, A-1 and A-2, who are bovine smugglers were smuggling bovines from Mathra Chak District Kathua to Basantar in Samba by foot via Sanyal, Sherpur, Kattal Gujran via Bein Nallah. They were chased by members of Gau Raksha Samiti. They were fleeing away after leaving cattle along with four other bovine smugglers and they met three unidentified terrorists at Lala chak Near Western bank of Bein Nallah under the jurisdiction of P/S: Ghagwal, District Samba. A-5, A-6 & A-7 took away one mobile phone (Oppo) belonging to Liaquat Ali, one Tecno SPARK KE6 belonging to Farooq Din, one Itel phone belonging to A-2 and both A-1 & A-2 during interrogation have disclosed the name of A-3 to whose house they had voluntarily taken all the three terrorists for safe stay and they provided food and shelter to them and showed the way to NH-44 to A-5, A-6 & A-7. A-2 during interrogation disclosed that the terrorists have given these mobile phones to him. He kept his phone with himself and handed over other two mobile phones, one Oppo phone belonging to Liaquat Ali @ Shummu, brother-in-law of A-1 and second Techno SPARK KE6 of Farooq Din to A-1. A-1 did not hand over phone to Farooq Din kept in his custody, got the mobile phone formatted and during investigation, A-1 produced those two mobile phones and wife of A-2 produced one Itel mobile phone belonging to A-2 and one ACE-2 mobile phone belonging to A-3 was produced before the IO by the wife of A-3. As per call detail record of mobile No. 8493048577 belonging to A-2, his location was found on 7/8-06-2024 near the place where terrorists met A-1 & A-2. As per disclosures of A-1 to A-3 terrorists left buffalo shed in the house of A-3 at around 2030 hours on 08-06-2024 and presence of A-2 from 0129 hours to 2047 hours on 08-06-2024 was found static at the said location which showed that they remained together during that period. Out of these three terrorists, two (A-5 & A-6) were killed on 11-06-2024 at Village Saida Sohal, Tehsil: Hiranagar after injuring one Omkar and killing one CRPF Constable of 121 BN namely Kabir Dass Uikey and these terrorists have also killed one Vasu Dev Sharma of Akhnoor on 07-06-2024. The terrorist stayed with the applicants in the house of A-3 from night of 07/08-06-2024, 0400 hours to 2020 hours of 08-06-2024, approximately 17 hours and during this period applicants provided them food, water, tea and safe shelter and as per investigation, offence under Section 19 UA (P) Act and 201 of IPC have been found proved by the SIA.
3rd Additional Sessions Judge Jammu Madan Lal after hearing both the sides bserved that the facts and law, holding that statutory restriction on grant of bail under Section 43 (D) of UA (P) Act is applicable at this stage. Therefore, considering the facts and relevant provisions of law, the application of the applicants is pre-mature and without merits, at this stage, so cannot be allowed and bail cannot be granted. Application is rejected and bail is denied to the applicants, Court ordered. JNF |
