Jammu December-31-2022- CJM Jammu Anjum Ara rejected the bail application of Dr. Karnail Singh then posted in Border Security Force, IG Headquarter, Paloura, Jammu as Chief Medical Officer/Selection Grade/Commandant Medical in the Border Security Force in much publicized SI Paper Leakage Scam.
While rejecting the bail application, CJM Jammu Anjum Ara observed that the bail application of applicant has been dismissed by High court on 30-11-2022 and the instant application has been filed on 06-12-2022. There is no change in circumstances except presentation of charge sheet which too was filed on 12-11¬2022. However investigation with regard to larger conspiracy and other aspect is still underway, the accused is the main accused in the case and it has come in the evidence that he has earlier also tried to influence the witnesses and was not cooperating with investigating agency, as such if the applicant/accused is enlarged on bail, there is every possibility that he may temper the evidence, influence the witnesses and may also jump over the bail.After considering the rival arguments and the facts and circumstances of the case, the accused is not found entitled for any leniency of bail at this stage for the reasons viz; he has played a key role in criminal conspiracy with other accused persons; he is involved in serious economic offence; he is habitual offender involved in other similar case; his role in larger conspiracy is yet to be investigated, further investigation of the case is still going on; the accused being a senior BSF official and highly influential can temper with evidence and hamper/frustrate further investigation, and the involvement of many more accused is yet to be ascertained by the investigating agency as such the release of accused at this stage will hamper the investigation. More so his earlier bail application has already been rejected by Hon’ble High Court of J & K and Ladakh Jammu on 30-11-2022. In such circumstances, the accused person who is involved in such serious and economic offences cannot claim bail at this stage. The present case falls under the exceptional cases where judicial discretion cannot be exercised in favour of accused person. The case law referred by Ld counsel for applicant is not applicable in present circumstances of the case.
Viewed thus for what has been observed above, keeping in view the nature of the offence, the facts and circumstances of the case, the larger interest of public/state and the case law relied upon by the non-applicant/CBI, the accused is not found entitled for bail at this stage. Accordingly the application in hand is rejected as no case for bail is made out.
JNF