Special Judge Designated Under NIA Act Srinagar Ashwani Kumar Sharma rejected the bail application of one Javeed Ahmad Mir S/o Abdul Rashid Mir R/o Mohalla Kunzer, Katibugh, Baramulla an alleged OGW of LeT.
Accordimgh to police report that on 25/10/2018 SgCt. Mohammad Ayoub, belt no. 1004/B who had gone alongwith SHO sahib in Athoora area had moved a written docket in the police station Kreeri on behalf of SHO. It is alleged in the docket that police personnel of police station Kreeri, Nafree of the District Police Baramulla, CRPF, SSB and army were conducting search of the militants on the basis of a specific information at village Athoora Payeen. In the meanwhile the terrorists hidden there started indiscriminate firing with lethal weapons, unlawfully in their possession, upon the security forces in order to kill them. Infact, the terrorists with their common intention and object by hatching a criminal conspiracy with few OGWs in the area and with their help and support by taking shelter in the area and the terrorists by instigating/provoking the youngsters in the area were impressing them to join militant ranks. The act of the terrorists falls with the ambit of Section 18 ULA P Act, 307 RPC and 7/27 A Act. Thus, upon the receipt of this report FIR No. 74/2 018 for the commission of aforesaid offences was lodged at police station and investigation was undertaken. During the course of investigation it was revealed that at village Athoora payeen during the course of encounter the terrorists belonging to banned outfit LeT were harboured in the residential house of Gh. Nabi Chopan S/o Habibullah Chopan R/o Athoora Payeen and by hiding there started firing indiscriminately with their lethal weapons in their unlawful possession upon the security forces with intention to kill them. In retaliation during encounter both the terrorists were got killed. The dead bodies of both the deceased militants were taken into custody for the purpose of performance of postmortem. The site plan of the spot was prepared after visiting the spot. The terrorists were identified as Mehnaz Mohiudin and Aqeel Ahmad Sofi. The dead bodies of both the deceased terrorists were handed over to their legal representatives for performance of last rites after completion of legal formalities and receipts were also obtained. Arms and ammunition was also recovered from the possession of the dead bodies of the terrorists and recovery memo was prepared on spot. The statements of the witnesses who were conversant with the facts of the case were recorded. During the course of investigation it was established that deceased terrorists were brought to village Athoora Payeen by the accused Javeed Ahmad Mir (applicant herein) and had kept them in his residential house. During the course of encounter substantial damage has been caused to the residential house, resultantly the commission of offence U/s 7/27 A Act, 307 RPC and 18 ULA P Act has been established against the accused persons. During the course of investigation search of the accused Javed Ahmad Mir was conducted and the accused/applicant herein was taken into custody on 7/11/2018 by police station kreeri and inquiry was conducted from him regarding the occurrence. During questioning the accused made a disclosure statement that it was he (accused/applicant herein) who brought the terrorists and kept them in his residential house and it was further disclosed by the accused/applicant herein that he is working as OGW of banned outfit LeT.
Court after hearing both the sides observed that While granting bail to the accused the nature of allegations, gravity, seriousness of offence security of the state and general interests of the public/state at large and severity of the punishment are to be taken into consideration and in the present case taking into consideration the nature and gravity of offence and the larger interests of the state and security of the state, the accused is not entitled to bail, as from the statements of the witnesses of the prosecution recorded during the course of investigation by the I.O under section 161 Cr. P.C there are reasonable grounds to believe the Prima facie involvement of the accused/applicant herein for the commission of aforesaid offences under ULA(P) Act 1967. Because if the accused is enlarged on bail,there are chances of tempering with the witnesses of the prosecution and no witness will come against him because of fear and influence of accused in the society being an OGW of LeT. The embargo contained under section 43(D) proviso 5 is attracted in the present and the accused/applicant herein does not deserve and rejected the same.