Chief Judicial Magistrate Jammu Amarjeet Singh Langeh today rejected the bail application of Rohingya who was involved in preparing fake adhar cards scam.
While rejecting the bail application of Shamshu Alam S/O Hashim Mohammad R/O Myanmar A/P Channi Rama, Jammu, CJM Jammu Amarjeet Singh Langeh after hearing APP Kuldeep Bhat appearing for the UT, observed that 6. In the name of Refuge seeking, Petitioner prima facie is found to have indulged in and amplified range of activities which prima facie constitute offences of cheating, forgery for the purpose of cheating, using as genuine forged document knowingly and forgery of valuable security. One of the Offences involved (under section 467 of IPC) carries punishment upto life imprisonment. Release of petitioner against this backdrop at this stage – more particularly when investigation is still going on and one of the co-accused is yet to be rounded up would not only hamper ongoing investigation but would also be detrimental not only to public interest but also to security of the State given the Murkier details that have emerged during investigation and their inherent far graver implications. For all what is said hereinabove and having regard to the nature of accusation against petitioner, character of evidence collected thus far, the quantum of punishment which one of the offences involved in the case (section 467 of IPC) carries punishment which is upto life imprisonment, gravity of the offences involved and considering larger public interest, no case for grant of bail is made out by petitioner at this stage. Accordingly, this bail application has no merit and is rejected as such.
According to the investigation that there are three accused in the FIR in question; that from petitioner, a forged document purported to have been issued by respondent police post has allegedly been recovered wherein kind of recommendation for making donation to Madrassa mentioned there in is alluded to respondent police post; that another co-accused namely Mohd. Yunus, as per investigation – has allegedly prepared his fake Aadhar Card and Aadhar Cards of his family members and also opened bank account in IDBI Bank Branch Bahu Plaza, Jammu on those fake documents; that one Mufti Saraj, another co-accused, allegedly, indulged in preparing fake verification reports on official stamp of respondent police post and thereafter used the same for collection of donation for Madrassa alongwith petitioner. Matter does not end here only. During investigation more murkier details have been laid bare which have far reaching and pejorative implications for the security of State. Also, as per investigation, while petitioner who is basically from Myanmar, remained in Hyderabad from 2017-19 where he allegedly taught in Madrassa and shifted to Jammu in the year 2019. He is said to have illegally moved to India in 2017 with the help of broker. Investigation also indicates that petitioner is in touch with many foreign contacts including that of Arakan Rohingya Salvation Army (ARSA) members in India, Bangladesh, Myanmar, Iran besides being member of three groups on whatsapp which propagate and glorify ARSA ideologies. Similarly, co-accused Mohd. Yunus who is Rohingya having UNHCR Card is allegedly indulging in preparation of fraudulent documents including Aadhar Cards used for trafficking of Rohingyas. He is also alleged to have links with many foreign entities including ARSA. The investigation is still going on.