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Court rejects bail of cop in corruption case

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JAMMU: Additional Session Judge (Anti Corruption) Jammu O.P Bhagat on Friday rejected the bail application of Mohd Sultan in a corruption case in which the applicant/accused while functioning as Munshi at Police Post Chinore was caught red-handed while accepting the bribe of Rs 4,000 and the bribed amount was recovered from the possession of applicant/accused.
The applicant through his counsel Zulker Nain Sheikh averred in the application that he is a peace loving and law abiding citizen of India and non-applicant has registered a false and frivolous case against him and that he has not committed any offence. He submitted that end of justice demands that bail should be granted keeping in view the fact that he is innocent and his career otherwise will be crushed.
According to Police Report FIR 3/2023 under Section 7 of Prevention of Corruption Act 1988 was registered in Police Station ACB Jammu on the basis of complaint lodged by one Kuldip Kumar stating that Munshi Mohd Sultan of Police Post Chinore where his son was arrested, had already received Rs 4,000 for releasing his son and was demanding additional amount of Rs 4,000. Accordingly a trap was laid and Mohd Sultan was arrested red-handed while accepting the amount and the amount of recovered from the possession of Mohd Sultan.
The Additional Public Prosecutor Anoop Kumar submitted his objections and during arguments said that accused is involved in non-bailable offence where the investigation is still in progress and IO has to collect the vital evidence as such the release of accused would be fatal for the ongoing investigation. Lastly he said that law of bail makes it obligatory on the court to reject the motion of bail, when accusation against the accused are prima facie found to be true.
The Additional Session Judge on going through the memorandum of application, objections filed by the learned APP and report, it is explicit that accused is involved in non-bailable offence which carries punishment which shall be punishable with imprisonment for a term which shall not be less than three years.
He held that the apprehension of the prosecution that in case of grant of bail to the accused he will temper with the prosecution evidence, cannot be ruled out. He ordered that for the foregoing reasons the bail application is

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