RIYAZ AHMED Vs. UT OF J&K

JUDGEMENT

(1.) The appellants in both these appeals figure as accused in charge-sheet titled, 'State vs. Rameez Raja and others' arising out of FIR bearing No. 182/2022 of Police Station Kishtwar. Initially, the charge-sheet was laid against the appellants before the court of learned Chief Judicial Magistrate, Kishtwar on 26/12/2018 and was committed to the court of learned Sessions Judge, Kishtwar on same date itself. Thereafter, vide order dtd. 26/3/2019, the charge-sheet was transferred to the court of learned 3rd Additional Sessions Judge, Jammu (Special Court constituted under Sec. 22 of NIA Act) (hereinafter to be referred as 'the trial court'). The appellants were charged for commission of offences under Sec. 3/13 Unlawful Activities Prevention Act (UA(P) Act), 7/25 Arms Act, 4/5 Explosive Substances Act read with Sec. 120-B of RPC vide order dtd. 25/10/2019.

(2.) In Crl A (D) No. 69/2022, the appellants filed two separate bail applications and both the applications were dismissed by the learned trial court vide its order dtd. 12/11/2022. Aggrieved of the order dtd. 12/11/2022, the appellants have challenged the same on the grounds that from perusal of the charge sheet, no offence under Sec. 120-B or 7/25 Arms Act or 3/13 UA(P) Act is made out and the co-accused from whom recovery was made, has already been granted bail by the learned trial court. It is further pleaded that the appellant No.1, 2 and 3 have been arrested on 9/12/2018, 16/12/2018 and 4/9/2018 and for the last four years, the prosecution has not been able to conclude the trial. It is also stated that there is no recovery of arms and ammunition or any incriminating document from any of the appellants.

(3.) Response stands filed by the respondent in Crl A(D) No. 69/2022, wherein factual aspects of the case have been narrated and it is stated that during the course of investigation, offences under Ss. 120-B/121/121-A RPC, 4/5 Explosive Substances Act, 7/25 Arms Act and 3/13 UA(P) Act were proved against the accused, namely, Rameez Raja and Nisar Ahmed and offences under Ss. 120-B RPC, 3/13 UA(P) Act were proved against all the appellants and the charge sheet was laid before the court on 26/12/2018. It is further stated there are serious allegations against the appellants and they do not deserve to be enlarged on bail.