NIA court grants bail to 17 accused in DSP lynching case

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An NIA court on Wednesday granted bail to 17 persons accused in the “lynching to death” of a Police officer outside Jamia Masjid in Kashmir capital Srinagar in 2017.

On 22 June 2017, the officer DySP Muhammad Ayub Pandit was lynched to death when people were observing Shab-e-Qadr outside Jamia Masjid, Nowhatta.

In all, 20 accused are facing trial in the case under FIR 51/2017 under Sections 302, 148, 149, 392, and 341 of the Ranbir Penal Code (RPC) and 13 of the UA(P) Act.

M S Manhas, Special Judge of NIA in an 81-page order said “This court is also conscious of the fact that there are stringent conditions for bail under Section 497 (1) (ii) of CrPC Act but the said condition will apply if after perusing the entire material and the statement of witnesses recorded during trial, this court will believe that there are reasonable grounds believing that the accused person or applicant is guilty of an offence mentioned in the chargesheet.”

The court, according to a local news agency, Kashmir Dot Com (KDC), said, “But in the present case after perusing the material available on record including the statement of the witnesses recorded during trial, there are no reasonable grounds believing that accused persons or applicants are guilty of an offence as alleged in the chargesheet.”

“There is neither any direct nor any substantial evidence on the record which could connect the accused or applicants with the alleged crime. So, in absence of ocular as well as substantial evidence on the record, the grounds taken by the learned counsel carry weight.”

Allowing the application by the accused, the court ordered they’re enlarging on bail provided they shall furnish a bail bond of 2 lakh rupees each with two sureties in the like amount.

In case of failure to do so by the accused, the court said they would remain in judicial custody.

The court also imposed several conditions on the accused including the one that they should not leave the territorial jurisdiction of the court without prior permission of the court.

The accused granted bail included Dawood Fayaz Zargar, Adil Siraj Misger, both residents of Gani Mohallah Nowhatta Srinagar, Danish Rahim Mir of Rathpora Eidgah, Sameer Ahmad Khan of Karfali Mohallah, Musavir Ahmad Bhat of Wanganpora, Eidgah, Mubashir Nazir Bhat of Chaidoub, Safa Kadal, Khalid Rasool Sheikh of Malik Sahab Gojwara, Juweez Hassan Khan of Nowhatta, Seerat-ul-Hassan Dhar of Mir Mohalla Malaratha, Bilal Ahmad Lone of Saidpora, Eidgah, Arsalan Ahmad Bungri of Jamia Masjid, Nowhatta, Faisal Manzoor Khan of Wazir Bagh Rajbagh, Danish Ayoub Bodu of Sazgaripora, Hawal, Owais Muneer Bhat of Rangpora, Illahibagh, Urooj Afaq Bhat of Chandpora, Nowhatta, Iqbal Ahmad Khan of Chandoora, Nowhatta and Imran Nabi Wani of Khoja Bazaar, Nowhatta.

The accused were represented by advocates Z A Qureshi, Shafkat Hussain, Mushtaq Ahmad Dar, Arzan Ahmad, and Hamid Gulzar. (KDC)

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