Asif Iqbal Naik
Kishtwar November 08:
In an alleged case of Robbery on the name of purchase of illegal gold, Chief Judicial Magistrate Kishtwar today granted the bail to all the three accused arrested by the Kishtwar police.
As per the details available with JKNT , based on a complaint, Kishtwar police lodged an FIR No 201/2020 U/sec 341, 392, 120 B 506 IPC dated 24/10/2020 had been registered against the accused persons namely Khalid Kotwal R/O Hidyal Kishtwar, Muzamil Shabir S/O Shabir Ahmad and Yasin Wahid S/O Abdul Wahid R/o Bhaderwah and other two accused persons who are still abosconding in this particular case.
After FIR being lodged investigation of this particular Case had been handover to I/C SHO Jatinder Rakhwal who swung into action and arrested the three accused two from bhaderwah and one from Kishtwar with in 24 hours.
After Bail application being filed by the accused persons through their Counsel Advocate Shaik Saroori on 27/10/2020, the report had been called through prosecution and the report revealed that the incidence is of 22/10/2020 and the complainant did not know the accused persons who hails from Bhaderwah.
After arguments being heard on 31st day of october 2020 the counsel for the accused submitted before the court of Chief Judicial Magistrate Kishtwar that the accused had been unfairly arrayed as an accused. The Complainant and the accused know each other from last couple of years and have also exchanged their motor cycles with each other, so their appears no question about strangers to each other & it was also submitted before the learned court that as per the FIR the alleged occurrence is of 22/10/2020 while the complaint has been filed on 24/10/2020.
Advocate Saroori argued that If the complainant were really genuine, the complainant should have approached on the same day even on next day morning before the police concerned even the complaint had not been filed by the alleged victim himself which shows the concocted story cooked by the complainant parties.
Learned counsel for the accused Advocate Shaik Saroori also submitted before the court that admittedly the complainant had a deal with the accused for some other goods being provided by the accused who hails from Bhaderwah, and timely the accused persons could not provide the delivery of the payment received compells the complainant to file a false case against them inorder to take back an amount of 5 lakhs.
Learned counsel for the accused also submitted before the court that the press conference addressed by Kishtwar police have damaged the reputation of the accused persons before the public at large without any conviction by the court, even the investigation is at thrashhold stage, how come police have the powers to malign the image publically and take credit of the same by making the investigation public.
“No police should have the authority to defame any person publicly without being convicted by the court” the counsel argued.
Finally after hearing both the sides, the court grant interim bail till 12/11/2020 subject to fulfilment of the surety bond of Rs. 50,000 for the satisfaction of court.
All the three accused were later released from Kishtwar jail after fulfilling the surety bond.
