ASHIQ HUSSAIN GANAI Vs. UT OF J&K

JUDGEMENT

(1.) The applicant is seeking bail in anticipation of arrest in FIR No.152/2023 under Ss. 420 and 384 IPC registered with Police Station, Baramulla, after the similar request made by the applicant through the medium of an application for grant of bail in anticipation of arrest was turned down by the Learned Sessions Judge, Baramulla vide order dtd. 19/8/2023.

(2.) It is stated that a false and frivolous FIR has been registered against the applicant and other accused persons only to tarnish the image of the applicant, who is a Councillor in Municipal Council, Baramulla. It is further stated that vide order dtd. 25/7/2023, the applicant was initially granted interim bail by the Court of learned Principal Sessions Judge, Baramulla, but subsequently the bail application was dismissed. It is also stated that the learned Sessions Court rejected the bail application on the ground that six criminal cases were pending against the applicant whereas the fact remains that in FIR No.24/2011, the applicant was already acquitted and no chargesheet was filed in FIR No.155/2016. In FIR No.65/2022, challan has already been filed against the applicant and in FIR No.283/2016, the applicant was never arrested.

(3.) The respondents have filed their response stating therein that the FIR mentioned above stands registered against the petitioner and during the course of investigation, statements of some witnesses were recorded and bank statements were also obtained from the J&K Bank. It is stated that the accused persons were found involved in commission of offences under Sec. 420 and 384 IPC and efforts were made to affect their arrest. On 27/7/2023, the accused persons submitted an order granting them interim bail in anticipation of arrest and they were released on furnishing personal bonds as per the bail conditions. It is further stated that the applicant is a habitual offender and is involved in five other FIRs i.e. FIR Nos. 24/2011 under Sec. 420 RPC, 319/2016 under Sec. 420, 472, 473 RPC, 63/2021 under Sec. 420, 468 IPC, 155/2016 under Sec. 307, 148, 149, 336, 332, 353 RPC and 65/2022 under Sec. 420 IPC. It is further averred that as per the conditions of bail in anticipation of arrest, the accused persons were directed to cooperate with investigating authorities but they violated the bail conditions and did not appear before the Investigating Officer. The order granting interim bail was not extended by the Court and subsequently accused No.2- Manzoor Ahmad Bhat, was arrested but subsequently bailed out by the Court of Judicial Magistrate, 1st Class, Baramulla, on health grounds but the applicant is continuously avoiding his presence before the investigation authorities and has used social media platform 'Facebook' to address the media persons and indirectly suppress the main witness, which is a kind of intimidation to the complainant that he may use his political and bureaucratic influence to harass the main witnesses of the case.