GHULAM NABI MALIK Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) The present application has been filed under Sec. 438 Cr.PC for grant of bail in anticipation of arrest of the petitioner in case FIR No.174 of 2009 registered at the Police Station, Kupwara under Ss. 153-A/120-B RPC and 13 UA(P) Act.

(2.) Learned counsel for the petitioner vehemently argued that the respondent-police is hell-bent to take the petitioner into custody, in an old case of the year 2009 implicating him falsely; that the petitioner is a respected person of the area and his image shall be tarnished in public, in case respondents succeed to arrest him; that the custodial interrogation of the petitioner as an accused in a case of 2009 is unwarranted at this stage and prayed that he be admitted to bail in anticipation of his arrest. Learned counsel further argued that the petitioner had initially applied for grant of bail in anticipation of his arrest before the court of learned Sessions Judge, Kupwara, however, the said court did not find favour with the application and it was rejected vide order dtd. 8/12/2021.

(3.) Mr. Sajad Ashraf, learned GA, appearing for the respondents, on the other-hand, vehemently argued that the petitioner is not entitled to grant of bail in anticipation of his arrest in a serious case for the commission of offences punishable under Ss. 153-A and 120- B RPC. He further argued that in view of the serious and grave nature of the offence, petition be rejected so that the petitioner is prosecuted in a proper manner before the court of law.