PARVAIZ AHMAD PALLA Vs. STATE OF J&K

JUDGEMENT

(1.) In this application, the applicant/accused craves the indulgence of this Court in admitting him to bail for the commission of offences under Sections 18, 18-B, 38 and 39 of the Unlawful Activities (Prevention) Act, on the grounds, Inter alia, that he was detained by the security forces without any rhyme or reason whatsoever and was lodged in Police Station Kulglam, where a case bearing FIR No. 62/2018 for the commission of the aforesaid offences was registered against him. He moved an application for enlarging him on bail before the Court of the learned Principal District Judge, Kulgam and the learned Principal District Judge, Kulgam, by his order dated 25th April, 2018, directed that the application being bereft of any merit and substance, entails rejection and is, accordingly, rejected.

(2.) Aggrieved by the order aforesaid, the applicant has knocked at the portals of this Court by the medium of an application, wherein he has stated that he has been involved in the case without any justification, proof or evidence. He is an innocent person. His continued detention will prevent him to defend himself effectively and prove his innocence. It is further stated in the application by the applicant that his involvement in the crime imputed to him has been manipulated by the police and the same is motivated by political considerations. The allegations levelled against him are baseless. He is not connected with any political activity, which may be termed as illegal, anti-national or anti-social as alleged by the police authorities. It is also stated that he has not committed any offence which carries the punishment of imprisonment for life or death and the Court below has withheld the bail as a means of punishment without the trial of the case. The applicant has also submitted that he is seriously ill and his health is deteriorating due to his continued confinement. The applicant has also contended that he will abide by all the conditions, which this Court may impose on him while granting the bail. He will not indulge in any illegal activity and will face the trial regularly. In the end, the applicant has prayed that the instant application be allowed and the respondent be directed to release him from the custody forthwith.

(3.) The respondent has filed the objections, stating therein that on 27.03.2018, the police authorities of police station Kulgam, received an information from a reasonable sources that two persons namely Zahoor Ahmad Bhat S/o. Gh Ahmad Bhat R/o Tazipora Mohammad Pora, Parvaiz Ahmad Pala S/o Mohd Ayoub Pala R/o Matibugh Yaripora and some unknown persons in conspiracy are harboring and aiding the active terrorists of the area to carry their nefarious designs which is a threat to the security forces as well as the sovereignty of India. The said persons poison the minds of the youth in order to motivate them to join the ranks of the militants. In this regard, a case bearing FIR No. 62 of 2018 under Sections 18, 18-B, 19, 38 and 39 ULA (P) was registered at police station Kulgam, with which the investigation commenced. During the course of the investigation of the case, the statement of the witnesses were recorded under Section 161 Cr. PC, which established that the above named accused are involved in the commission of the offences imputed to them.