Jammu, September 19: A special National Investigation Agency (NIA) court in Jammu has rejected the joint bail applications of three individuals arrested in connection with a militant attack in the Sunjwan area in April 2022. The court cited the gravity of the offences and the evidence on record as reasons for its decision.
Information was available with The Chenab Times that the attack, which occurred on the intervening night of April 21 and 22, 2022, targeted a vehicle carrying Central Industrial Security Force (CISF) personnel. An Assistant Sub-Inspector of CISF was killed, and several other security personnel sustained injuries. Two infiltrators, identified as Pakistani nationals affiliated with the proscribed terror outfit Jaish-e-Mohammad, were killed in the ensuing security response. A significant cache of arms and ammunition was recovered from their possession.
The NIA has been investigating the case. The three accused whose bail pleas were dismissed are Shafeeq Ahmad Sheikh, Bilal Ahmad Wagay, and Mohd Ishaq Chopan, all reportedly residents of south Kashmir. Special Judge Prem Sagar of the NIA court, in an order dated September 17, observed that there was sufficient evidence to suggest that the accusations against the accused were prima facie true.
The applicants had sought bail on grounds including the delay in the commencement and progression of the trial, as well as their prolonged period of incarceration. The court, however, noted that in militancy-related cases, a delay in trial does not automatically constitute sufficient grounds for granting bail.
The court’s 27-page order stated that the delay was not attributable to the prosecution. It referenced numerous judicial pronouncements by the apex court and various high courts, which hold that trial courts should not consider delays in trial as a primary basis for granting bail. Such pleas, it was observed, are typically more appropriately raised before constitutional courts.
Furthermore, the court noted that the trial was actively underway, with witnesses being examined. The material evidence currently available suggested the applicants’ involvement in furthering a conspiracy aimed at unlawful activities. The court indicated that corroboration from other key witnesses, who are yet to depose, would be crucial. Releasing the applicants on bail, the court reasoned, could potentially compromise the integrity of the ongoing judicial process by allowing them to influence vital witnesses.
The charges against the trio include allegations of receiving infiltrated militants in Samba district, facilitating their transport to Jammu city, and arranging safe shelter for them. They are also accused of providing similar logistical support to other militant groups in the past, aiding their movement into the valley.
The court concluded that the applicants face trial for alleged offences committed as part of a criminal conspiracy to perpetrate serious acts, which carry severe penalties, including the possibility of death or life imprisonment. Considering the nature and gravity of the alleged offences, the court rejected the joint bail application, deeming it to be in the larger interest of the State and the Union territory.
The Chenab Times News Desk