HC Rejects Ex-Councillor's Bail Plea for 'Cheating' to Secure Brother's Release

SRINAGAR: The High Court of J&K and Ladakh on Tuesday rejected anticipatory bail plea of a former Municipal Councillor in Baramulla facing “serious allegations” of receiving huge money from a complainant to release his brother arrested on charges of killing an army soldier.

“The allegations against the applicant are very serious in nature and 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 rejecting bail plea by the former councillor Ashiq Hussain Ganai.

“The applicant (Ganie) 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.,” court said and rejected contention of Ganie’s counsel he did not receive any amount from the complainant in view of the record of the Bank procured by the Investigating Officer.

“There are very serious allegations against the petitioner in respect of receipt of money for procuring release of brother of the complainant,” the court said, adding, “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 court observed that Ganie only appeared once before the investigation officer and thereafter never appeared as urged police.

, “…. the antecedents of the accused (Ganie) and the conduct of the accused are also the relevant considerations for grant of bail in anticipation of arrest,” the court said while referring to a judgment of Supreme Court.

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

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 soldier. Three persons including Ganie, 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 said that he made a payment of Rs.3 lakh Ganie and Rs.1 lakh to another person while the remaining amount of Rs.1.50 lakh was handed over to Ganie in cash. However, he said, 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 complainant said. The application was forwarded to concerned Police Station and an FIR No.152/2023 for commission of offences under Section 420 and 384 IPC was registered against Ganie and other accused persons.

Ganie had sought bail in anticipation of arrest after a similar request made by him through the medium of an application for grant of bail in anticipation of arrest was turned down by the Sessions Judge, Baramulla on 19 August last year.