Excelsior Correspondent
JAMMU, Dec 28: Special Judge NIA Srinagar Manjeet Rai today rejected the bail application of one Umer Asif Zarger, an alleged Over Ground Worker (OGW) of LeT, who was booked under Sections 7/25 of the Indian Arms Act, and Sections 13, 18, 20, 23, 38, and 39 of the UA(P) Act at Police Station Khanyar.
After hearing both the sides, the court observed, “the accused is allegedly involved in commission of offences under Arms Act and UA (P) Act. The offences under the UA (P) Act involve activities prejudicial to the sovereignty, integrity, and security of the state”.
“The seriousness of the allegations and the potential impact on public peace weigh heavily against the grant of bail. The police report details recoveries from the accused, including a Chinese grenade and mobile phones linked to terrorist activities. Preliminary investigation points to his role as an active terror associate”, the court said, adding “the prosecution has presented sufficient material at this stage to establish a reasonable link between the accused and the unlawful activities”.
“Under Section 43D(5) of the UA(P) Act, bail cannot be granted if the court is satisfied, on a prima facie basis, that the accusations are true. Based on the available evidence, this court finds that the threshold for denying bail under this provision is met. The collective interest of society and the imperative to maintain peace and security must outweigh the individual’s liberty in cases involving terrorism- related offences”, Special Judge said.
“Granting bail at this stage could potentially undermine public confidence in the justice system and impede the ongoing investigation. The seriousness of the offences, the prima facie evidence of involvement, and the statutory bar under Section 43D(5) of the UA(P) Act, this court finds no merit in the bail application”, Special Judge said, adding “the applicant has failed to demonstrate grounds sufficient to override the considerations of public and national security as such the same is rejected”.
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