Jammu, Sep 19: A special court has rejected a joint bail application of three accused arrested in a case related to an April 2022 terror attack near here ahead of Prime Minister Narendra Modi’s visit to Samba, citing the gravity of the offences and the material on record.
An assistant sub-inspector of the Central Industrial Security Force (CISF) was killed and several security personnel were injured in the attack on their vehicle in the Sunjwan area on the outskirts of Jammu on the intervening night of April 21 and 22, 2022.
The two attackers, identified as Pakistani nationals affiliated with the proscribed terror outfit Jaish-e-Mohammad, were subsequently killed in retaliatory action and a huge quantity of arms and ammunition was seized from them.
The National Investigation Agency (NIA) is probing the case.
Rejecting the bail applications of the arrested accused — Shafeeq Ahmad Sheikh, Bilal Ahmad Wagay and Mohd Ishaq Chopan, all residents of south Kashmir — Special Judge, NIA court, Prem Sagar, observed on September 17 that there was sufficient evidence to presume that the accusations against the accused were prima facie true.
The accused had sought bail, citing the delay in trial and their prolonged incarceration, among other grounds.
The court said the delay in trial is not good ground, particularly in militancy related cases.
“In the present case, delay in trial is not attributable to prosecution. Moreover, time and again, it has been held by apex court and different high courts that delay in trial cannot be considered as good ground for granting bail by trial court.
“Such a plea can only be raised before constitutional court and not before the trial court. So this ground for bail is outrightly rejected,” the court said in its 27-page order.
It also noted that the trial was already underway and witnesses were being examined.
“Material available on record indicates the involvement of the applicants in furtherance of conspiracy for unlawful activities, which needs to be corroborated from other relevant witnesses yet to be examined…,” the court said.
“…in such a scenario, if the applicants are released on bail, there is every likelihood that they will influence the key witnesses of the case which might hamper the process of justice,” it said.
The trio are accused of receiving infiltrated terrorists in Samba district, transporting them to Jammu city and arranging safe shelter for them. They are also accused of providing similar assistance to other groups of terrorists in the past and facilitating their movement to the valley.
“In the present case, the applicants are facing trial for alleged commission of offences as being part of a criminal conspiracy to commit serious offences like in present case, which is punishable with death or imprisonment,” the court said.
The court accordingly rejected the joint bail application of the three accused, keeping in view the nature and gravity of the offences and the larger interest of the State and Union territory.
