SHOWKAT AHMAD LONE Vs. STATE OF J&K

JUDGEMENT

(1.) In this petition, the petitioner/accused craves the indulgence of this Court in admitting him to bail for the commission of offences under Sections 30, 120-B RPC 7/25 Arms Act, 10, 13(2), 18, 20, 38, 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 Devsar, where a case bearing FIR No. 63/2017 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 29.01.2018, directed that the petition being bereft of any merit and substance, entails rejection and, is accordingly, rejected.

(2.) Aggrieved by the order aforesaid, the petitioner had 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 respondents be directed to release him from the custody forthwith.

(3.) The respondent - non applicant has filed the objections, stating therein that on 07.11.2017, a police patrol party of Police Station Devsar, received an information from a reliable source that a group of terrorists belonging to Hizbul Mujahedeen (HM) under the directions of Reyaz Naikoo, in criminal conspiracy with its OGWs are about to accomplish a terrorist act by killing the police personnel/security forces as also to snatch weapons from them and in order to achieve the same they are moving from one to the other place. Further the said organization in order to operate their designs have distributed the deadly weapons among the OGWs so as to cause fear and terror among the public of District Kulgam, as a consequence of which, an FIR bearing No. 63/2017 was registered against them for the commission of offences under Sections 30, 12-B RPC, 7/25, Arms Act, 10, 13(2), 18, 20, 38, 39 Unlawful Activities Act, at Police Station Devsar, with which the investigation ensued. During the investigation of the case, it was found that a police party of P/s Devsar at naka checking along with police party of P/S Kulgam at Pahloo Zanglapora crossing on 17.11.2017, spotted and apprehended one Showkat Ahmad Lone S/o Ali Mohd Lone R/o Batpora Charsoo Awantipora, who was found moving under suspicious circumstances. During the questioning, he confessed that he is OGW of HM outfit. The investigation in the case is going on. The respondent has further stated that the offence under 30, 120-B RPC, 7/25 Arms Act, 10, 13(2), 18, 20, 38, 39 of the Unlawful Activities (Prevention) Act, 1967, are triable by the Special Court only. Furthermore, it has been stated that the accusations against the accused are well founded, as such, no bail can be granted to him. It is further stated that the accused is a habitual offender and has been instrumental in fomenting trouble in district Kulgam, every now and then. The respondent has further stated that it will be detrimental to the state at large, if the accused is left to roam scot freely. The offences committed by the accused carry a punishment of life imprisonment. The respondent has finally prayed that this Court may be pleased to reject the bail application in view of the facts enumerated above.