A local court on Wednesday granted bail to two persons accused of “abetting” of suicide of a man whose body was recovered in July this year from Jhelum near Maloora area of summer capital Srinagar.
The accused, Fayaz Ahmad Mawafarosh (Sofi) son of Abdul Aziz Mewafarosh (Sofi) of Sarnal Anantnag and Ashiq Wani (50) S/o Ghulam Wani of Chattabal Srinagar, were granted bail by Judge Small Causes Srinagar, their advocates Advocate Aamir Masoodi and Advocate Ajaz Bhat.
After inquest proceedings, the police converted the case (F.I.R. No. 137/2022) under Sections 306, 452, 427, 506 IPC.
“The duo was granted bail on furnishing bail bonds to the tune of Rs. 1,00,000/- and personal bond of like amount,” reads an order a copy of which lies with news agency Kashmir Dot Com.
The court also asked the accused not to leave the territorial jurisdiction of the court without seeking prior permission, hamper or tamper with the prosecution evidence and also co-operative with the investigating agency as and when directed.
In their arguments, the counsel representing them said that the accused have been “strangely” made scapegoat by “abuse of powers by the police agency.”
“It is manifestly clear that by virtue of FIR the (applicants/accused ) came to be lodged in custody and (they) does not even remotely connect to the commission of any offence as such, agony and ordeal of the applicants is to be understood by this court of law and seeks admission to bail.”
Advocates while giving the reference of the Supreme Court in the case of P Chidambaram V/S Central Bureau of investigation (CBI) has held that “the gravity of the offence alleged would beget the length of sentence, as may be awarded upon conclusion of trial; but an assertion as to the gravity of the offence cannot thwart the grant of bail. On the other hand, apart from militating against the presumption of innocence, pre-trial detention would lead to needless psychological deprivations; and above all, would seriously hamper the appellant from participating in and contributing to the preparations of his defence at the trial. The three cardinal concerns against grant of bail pending trial, namely of evidence tampering, witness intimidation and abscondence can be addressed by imposition of requisite conditions on grant of bail.”
Pertinently, the deceased, Shameem Ali, a resident of Chattabal area of Srinagar was missing from 5 July and his body was recovered on July 19 at Maloora area of Srinagar outskirts.
Police had said the accused had locked the residential house of the deceased situated at weir area Chattabal on account of some debt that he owed them, on 5th of July 2022, the date when the deceased went missing. The house and lock was opened as soon as information was received by Safakadal Police station.
A SIT headed by SDPO MR Gunj, Mohd Farooq Bhat JKPS was formed for in-depth investigation in this case. (KDC)