BASHIR AHMAD SOFI Vs. STATE OF J&K

JUDGEMENT

(1.) By the medium of this application, the applicant seeks his release on bail with a further prayer that the order dated 22nd January, 2018, passed by the learned Additional Sessions Judge, Baramulla be set aside.

(2.) The grounds that have been urged in the application for the grant of aforesaid reliefs are that the accused was arrested by the security forces in connection with a case bearing FIR No. 273/2016 for the commission of offences punishable under section 506 RPC; 17, 18-B, 19 Unlawful Activities (Prevention) Act, 1967 (hereinafter referred to as the "Act of 1967"), and was lodged in Jail, in terms of the order of detention bearing No. 166/DMB/PSA/2016 dated 15th November, 2016. The said order was assailed before this Court and the Court was pleased to quash the same vide order dated 28th February, 2017. However, instead of releasing the detenue from the custody, yet another order of detention bearing No. 286/DMB/PSA/2017 dated 3rd April, 2017 was passed. The said order was also assailed before this Court and the Court was pleased to quash the same vide order dated 11th October, 2017 and till date the accused is languishing in jail.

(3.) It is stated that the accused filed an application for the grant of bail before the Court of learned Principal Sessions Judge, Baramulla, in FIR No. 273/2016 with the prayer for his release on bail on the grounds that he has been involved in the cases without any justification, proof or evidence. It was also prayed in the application that the accused is an innocent person and by continuing him in the detention, he will not be in a position to defend himself effectively and prove his innocence. However, the bail application was rejected by the Court below vide order dated 22nd January, 2018.