Court rejects bail of close associate of foreign terrorist
STATE TIMES NEWS
JAMMU: Special Judge NIA Srinagar Sandeep Gandotra rejected the bail application of one Ashiq Hussain Bhat, a close associate of Foreign Terrorist.
According to the police case that on 19th December, 2021 District Police Srinagar reliably learnt that terrorists have taken shelter at Darbagh area of Harwan and were planning to carry out terror attack in the area. On receipt of this information Srinagar police, PC Srinagar Valley QAT, CRPF, Party of 54 Bn CRPF, 24 RR launched search operation in the area. As the search was being conducted, terrorists fired upon the cordon party with an intention to kill them. The security forces retaliated and during exchange of fire, one unidentified terrorist of LeT outfit got killed. One AK 56 Rifle, 27 rounds, 3 AK 47 Magazines, 01 Chinese Grenade, 01 Ammunition Pouch, Medicine 02 Stripes and colour mobile Redmi 9 Pro having IMEI No. 867799043782431/49 have been recovered from the possession of deceased terrorist. During the investigation Ashiq Hussain Bhat disclosed that from the last 4-5 months, three terrorists had started coming to his home, one among them was Kashmiri and other two were Pakistani. The Kashmiri terrorists told his name as Ravees and he was calling the Pakistani terrorists with the names Qaari Abaan, Hafiz, and Khalid @ Saifullah, who were coming to his home in late night and he was allowing these terrorist to enter his home by opening window. On 17th December, 2021 the terrorists first time entered his home with weapons and during the intervening night of 18/19th Decenver,2021 when the forces cordoned off the village Darbagh Harwan, all the three foreign terrorist tried to flee from the spot but only two of them managed to escape, while one foreign terrorist namely Khalid @ Saifullah R/o Karachi Pakistan got killed. Offences under Section 19, 20 UAP Act have been added in the case.
Special Judge NIA Srinagar Sandeep Gandotra after hearing both the sides observed that prima-facie there are reasonable grounds to believe that the accusation against the accused person/ applicant for the commission of offence U/s 19 UA P Act are reasonably true because they have deposed incriminating material against the accused/applicant. Charges under section 19 UAP Act have been framed against the applicant on 23rd January, 2023 and 59 witnesses are yet to be examined. Therefore, the embargo contained Section 43-D (5) with regard to offences under chapter IV & VI of UA P Act is clearly attracted to the facts of this case. As such, the accused does not deserve the latitude of bail at this stage. The application is accordingly dismissed. APP shall examine the PWs without unnecessary delay because the applicant is under trial and is in judicial custody.