Cheating, extortion allegations | HC declines anticipatory bail to ex-Baramulla Councillor

Srinagar, Feb 20: The High Court of J&K and Ladakh rejected Monday anticipatory bail plea of a former Councillor in Municipal Council Baramulla who has allegedly received Rs three lakh from a complainant for releasing his brother, who is accused of killing an army soldier.

“In light of the amount transferred in his account, as is evident from the bank statement, it is, prima facie, established that the applicant has received an amount of Rs.3 lakh from the complainant,” a bench of Rajnesh Oswal said, while dismissing plea by Ashiq Hussain Ganai.

In his plea, Ganai, was seeking bail in anticipation of arrest in FIR No.152/2023 under sections 420 and 384 IPC registered with Police Station, Baramulla.

The Court observed that the contention of Ganai through his counsel that “he has not received any amount from the complainant gets belied in view of the record of the Bank procured by the Investigating Officer”.

“The applicant has himself admitted that he is an accused in FIRs Nos.63/2021, 155/2016, 65/2022 and 283/2016. FIR bearing No.319/2016 was registered under Section 420, 427 and 473 RPC and FIR No.65/2022 was also registered for commission of offence under Section 420 IPC,” the court said.

Underscoring that there are very serious allegations against the Ganai in respect of receipt of money for procuring release of brother of the complainant, the court said: “No doubt offence under section 420 IPC is punishable with maximum imprisonment of seven years but the antecedents of the applicant are also not clear enough for grant of bail in anticipation of arrest.”

“The applicant only appeared once before the I/O and thereafter never appeared as urged by the respondents”, the court said, adding, “….the antecedents of the accused and the conduct of the accused are also the relevant considerations for grant of bail in anticipation of arrest,” while relying on a Judgment of SC.

The Court underlined that the applicant did not deserve to be admitted to bail in Bail anticipation of arrest and accordingly, dismissed the application being “misconceived.

Case diary

The complainant had filed an application before Senior Superintendent of Police, Baramulla, against Ganai and others, alleging therein that his brother was lodged in Jail at Jagadari Haryana under Section 302 IPC in connection with killing of an Army Jawan. Three persons, the applicant (Ganie), Manzoor Ahmad Bhat and Ashiq Hussain Lone, claiming to have high political and bureaucratic influence, assured the complainant that they could secure release of his brother and demanded an amount of Rs.5.50 lakh.

Believing the assurance of the accused, the complainant made a payment of Rs three lakh to the applicant and Rs.1.00 lakh to one Umar Ganai and the remaining amount of Rs.1.50 lakh was handed over to the accused in cash but despite receiving the payment, the accused persons failed to get his brother released from the custody and demanded an additional amount of Rs.1 lakh which the complainant flatly refused. On his request to do the needful pursuant to the settlement, the accused persons threatened the complainant of dire consequences. The application was forwarded to the concerned Police Station and FIR No.152/2023 for commission of offences under Section 420 and 384 IPC was registered against the applicant and other accused persons.

Ganai was seeking bail in anticipation of arrest after the similar request made by him through the medium of an application was turned down by the Sessions Judge, Baramulla on August 19 last year.