Srinagar (J&K): In a significant decision, an NIA court on Thursday granted bail to 17 persons accused of lynching to death a police officer outside Jamia Masjid in Kashmir capital Srinagar in 2017. “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 to believe that the accused person or applicant is guilty of an offense mentioned in the chargesheet," M S Manhas, Special Judge of NIA observed in an 81-page order on Wednesday.
The court further 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 offense as alleged in the chargesheet.”
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Further observing that there is neither any direct nor substantial evidence on the record which could connect the accused or applicants with the alleged crime, the court said, "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 enlarging on bail with the condition of depositing a bail bond of Rs 2 lakh 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. On June 22, 2017, DySP Muhammad Ayub Pandit was lynched to death when people were observing Shab-e-Qadr (an auspicious night in the month of Ramadhan) 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.
