Examiner Bureau | Jammu:
A special court in Jammu has rejected the joint bail application of three accused arrested in connection with the April 2022 terror attack in the Sunjwan area, citing the nature and gravity of the alleged offences and the material available on record.
A Central Industrial Security Force (CISF) Assistant Sub-Inspector was killed and several security personnel injured when a vehicle carrying them came under attack in Sunjwan on the intervening night of April 21 and 22, 2022, ahead of Prime Minister Narendra Modi’s scheduled visit to Samba.
The two attackers, identified by investigators as Pakistani nationals affiliated with the proscribed Jaish-e-Mohammad, were killed in retaliatory action. Arms and ammunition were also recovered from the spot, according to the investigation. The case is being probed by the National Investigation Agency (NIA).
The bail applications were filed by Shafeeq Ahmad Sheikh, Bilal Ahmad Wagay and Mohd Ishaq Chopan, all residents of south Kashmir.
In an order passed on September 17, Special Judge, NIA Court, Prem Sagar, observed that the material on record was sufficient to form a prima facie view that the allegations against the accused were true.
The accused had sought bail, citing, among other grounds, the delay in the trial and their prolonged incarceration.
Rejecting the argument based on delay, the court said that the trial was already underway and witnesses were being examined. It observed that the delay could not be attributed to the prosecution and, relying on precedents of the Supreme Court and High Courts, held that such delay could not by itself constitute a ground for granting bail by the trial court.
The court also expressed apprehension that the release of the accused could affect the examination of key witnesses.
“Material available on record indicates the involvement of the applicants in furtherance of conspiracy for unlawful activities,” the court observed, adding that the evidence still needed to be corroborated through witnesses yet to be examined.
The court further noted that, if released, the accused could potentially influence key witnesses and thereby hamper the judicial process.
According to the prosecution case, the three accused are alleged to have received terrorists who had infiltrated into Samba district, transported them to Jammu city and arranged safe shelter for them. They are also alleged to have provided similar assistance to other groups of terrorists in the past and facilitated their movement towards the Kashmir Valley.
The court observed that the accused were facing trial for their alleged role in a criminal conspiracy involving serious offences punishable with severe penalties, including death or imprisonment.
Taking into consideration the nature and gravity of the alleged offences, the material on record and the larger interest of the State and the Union Territory, the court rejected the joint bail application of the three accused.
