NISAR AHMAD NAJAR Vs. STATE OF J&K

JUDGEMENT

(1.) By the medium of this application, the applicant seeks his release on bail with a further prayer that the order dated 16th of October, 2017, passed by the learned Principal Sessions Judge, Shopian be set aside.

(2.) The grounds that have been urged in the application for the grant of the aforesaid reliefs are that the accused was arrested by the authorities of the Police Station, Shopian, in connection with a case bearing FIR No. 282/2016 for the commission of offences punishable under Section 13 of the Unlawful Activities (Prevention) Act, 1967 (hereinafter referred to as the "Act of 1967"), and was lodged in Central Jail Srinagar, in terms of the order of detention bearing No. 88/DMS/PSA/2016 dated 10th of February, 2017. The said order was assailed before this Court and the Court was pleased to quash the same vide order dated 26th of May, 2017. However, instead of releasing the detenue from custody, yet another order of detention bearing No. 109/DMS/PSA/2017 dated 6 th of October, 2017, was passed and till date the accused is languishing in jail.

(3.) It is stated that the accused filed an application for the grant of bail before the Court of learned Principal Sessions Judge, Shopian, in various FIRs, including the FIR No. 282/2016, with the prayer for his release on bail on the grounds that he has been involved in these cases without any justification, proof or evidence. It was also prayed in the application that the accused is an innocent person and by continuing him in the detention, he will not be in a position to defend himself effectively and prove his innocence. However, the bail application was rejected by the Court below vide order dated 16th of October, 2017.