STATE TIMES NEWS
JAMMU: Principal Sessions Judge Jammu Sanjay Parihar has rejected the bail application of Saleem Yousaf Bhatti, son of Mohd Yousaf Bhatti of Mendhar, who was arrested in loan fraud case.
After hearing APP Anil Magotra for the Crime Branch, Principal Sessions Judge Jammu Sanjay Parihar observed, “the accused has submitted that he is innocent and asserted that he is the sole breadwinner of his family. However, it is the duty of the court to safeguard the interests of justice and protect the integrity of the criminal justice system”.
The petitioner, Saleem Yousaf Bhatti, had previously applied for bail in the trial court where he faces charges under sections 419, 420, 465, 467, 468, 471, and 120-B of the Indian Penal Code, based on FIR No: 86/2023 titled “U.T of J&K vs Saleem Yousaf and Ors.”
His earlier bail application was denied, with the main allegation being that he obtained loans from J&K Bank Ltd using fake documents and did not repay them.
The petitioner claims innocence and asserts that he is entitled to post-arrest bail, especially since three co-accused have already been granted bail under similar circumstances. He undertakes to cooperate with the trial and comply with all court-imposed conditions.
The prosecution opposes bail, asserting that the petitioner orchestrated a significant fraud, defrauding the bank of crores using forged documents and fictitious accounts. They argue that due to the gravity of the offenses and the potential for tampering with evidence, bail should not be granted.
According to the police report, Saleem Yousaf Bhatti, in collaboration with co-accused Mohd Safeer, conspired to fraudulently obtain loans from J&K Bank using forged salary certificates and other documents, causing substantial financial losses to the public exchequer.
The petitioner, an employee of IWMP Poonch, allegedly misused his position to activate inactive accounts and facilitate the fraudulent transactions. It’s alleged that the fraud involved around Rs. 6 crores, and investigations are ongoing regarding the involvement of bank officials.
The petitioner’s counsel Advocate K. Kotwal with Advocate Fahim A Mir, argues for bail based on the grounds of parity with co-accused who have been granted bail and cites the case law emphasizing that bail is a rule and not to be withheld as punishment unless justified by exceptional circumstances.
However, the prosecution contends that the petitioner’s role as the mastermind of the fraud and the seriousness of the charges militate against granting bail.
After careful consideration of the arguments and the facts presented, including the seriousness of the charges, the court finds that the petitioner’s alleged offenses are grave and involve significant financial fraud.
The court notes the petitioner’s attempted escape and apprehension, which underscores the risk of flight. Given the absence of changed circumstances since the previous bail application and the ongoing nature of investigations, the court concludes that the petitioner does not merit bail at this stage.
“The bail application of Saleem Yousaf Bhatti is hereby denied based on the seriousness of the allegations, the risk of flight, and the ongoing investigations,” the magistrate said.
