Excelsior Correspondent
Srinagar, Mar 7: High Court today refused to grant bail to a murder accused as there were apprehensions of tampering with the witnesses.
These observation have been passed in a bail application filed by the accused-Zahoor Ahmad Bhat who as per charge sheet is involved in murder of one M. Akram Sheikh of Telwani and the accused is facing trial in the court of Principal Sessions Judge, Anantnag for the offence.
Justice Javed Iqbal Wani while dismissing the bail plea of accused-Bhat said the instant application for bail is filed as a second attempt after an unsuccessful attempt was made by the applicant before the Trial Court.
Prosecution on receipt of the incident registered a case FIR No. 58/2019 under Section 302 RPC in police Station Achabal and investigation set into motion and during the course of investigation it got revealed that the deceased was taken by the accused in a paddy field of lalipora, Mir Bazar, where accused Zahoor Ahmad Bhat along with other two persons beat the deceased mercilessly with the aim and intention to kill him. and offences under Section 364, 302, 34, 201 RPC were prima facie established against the accused persons and consequently a challan came to be filed before the court of law.
It was urged before the court that there is no direct or incriminating evidence so far against the petitioner/accused that has come before the Trial court implicating him in the commission of the alleged offences.
Justice Iqbal after perusal of the record and the chain of events said that it emerges from the prosecution case, at this stage, prima facie that the accused/petitioner is connected with the commission of offences. “The general contentions and grounds urged by the accused/petitioner that he did not commit offence and that there is no direct evidence or that no incriminating evidence has come before the Trial court so far connecting the accused/petitioner with the commission of offences cannot alone be taken into account at this stage, in view of the admitted fact that the majority of the listed witnesses of the prosecution are yet to appear in the witness box coupled with the fact that the petitioner/accused is involved in the commission of a heinous offence”, Justice Iqbal said.
That while considering a bail application court added, the nature of accusation, severity of punishment in case of conviction and nature of supporting evidence as also reasonable apprehension of tempering with the witness or apprehension of threat to the complainant have had to be considered before grant of bail.
“For what has been observed and analyzed the petitioner/accused is not held entitled to bail at this stage, as such the instant bail application merits dismissal and is accordingly dismissed” Justice Iqbal concluded.
Follow our WhatsApp channel