STATE TIMES NEWS
SRINAGAR: The Special Judge Anti-Corruption Kashmir C L Bavoria on Wednesday rejected pre-arrest bail applications of Dr Mushtaq Ahmad Parray, Dr Shabir Ahmad Parray, Dr Shiraz Ahmad Lone, Dr Reyaz Ahmad Teli, Dr Mohd Farooq Naqashbandi, Dr Mohammad Amin Kawa, Dr Zahoor Ahmad Tantray and Dr Javed Hussain Mugloo, who were booked by Crime Branch Kashmir in a black-mailing case.
While rejecting bail applications, Special Court observed that investigation in the present case is at its initial stage and at this stage of the investigation it is not appropriate to exercise concession of bail in favour of petitioners. It may not be out of place to mention that petitioner no 2 & 7 have been arrested by the ACB in instant FIR on August 9, 2021 and in the view of their arrest this application otherwise also has become infructuous.
Court observed that as per police report, petitioners have been booked in case FIR No.34/2021 registered under sections 420, 120-B, 506 of RPC read with 5(2) of PC Act at Police Station Crime Branch Kashmir, Srinagar. During the search conducted of the houses of the petitioners incriminating material related to the allegation was collected and the presence has been necessitated by the IO for interrogation of petitioners. The allegation against the petitioners are with regard to forming of fake Association of Ayurveda, Yoga & Naturopath, Unani, Siddha & Homeopath (AYUSH) Doctors with office bearers in the form of president, Sr. Vice President, General Secretary, Joint Secretary, Publicity Secretary and Treasurer besides running fake associations under the name of AYUSH from a fake address without any true credentials. The evidence collected and the probe conducted prima facie disclosed that illegal activities are being carried out by so-called office bearers of the illegal association who happen to be the gazetted officers/Medical Officers of ISM department by way of black-mailing and impersonation. During investigation it also come to fore that AYUSH Doctors Association Kashmir is not registered with the Directorate of Industries and Commerce Kashmir under J&K Societies Registration Act. The authenticity of the copy of the registration certificate produced by the counsel showing the association affiliated to EJAC has to be seen and recovery of its original yet to be affected from petitioners. Their malafide are reflected from the fact that they have not only used this fake association for harassment of other officials but also influenced the higher office and thereby abusing their official position extorted money from lower subordinates, threatening them to transfer them to far-flung areas. In considering the prayer for grant of anticipatory bail, the court has to evaluate entire available material against accused very carefully.