Excelsior Sports Correspondent
SRINAGAR, Feb 14: A local court here today refused to grant anticipatory bail to two persons involved in cheating and misappropriation of property in organizing an Indian Heaven Premier League (IHPL) domestic cricket scheduled to be held in Bakshi Stadium and other venues of country.
Additional Sessions Judge presided by Farooq Ahmad Bhat has declined to grant anticipatory bail to two persons, Surender Khanna, South West New Delhi and Nirmal Sidhu of Chandigarh in an FIR registered with the police station Raj Bagh Srinagar for commission of offence under Section 316 (2), 318(2) and 318(4) of BNS.
The cognizance was taken in a complaint filed by one Zubair Bashir Dar to the effect that the IHPL league was organized by an entity known as Yuva Society, represented by Praminder Singh and Ashu Dani, who claimed to the conducting an officially approved cricket league in Srinagar. The organizers invited several national and international players and support staff, promising professional contracts, participation payments and full hospitality during the league.
It is mentioned in the complaint that the organizers booked food and accommodation at Hotel Raddisson Collection, Srinagar assuring that all hotel charges would be paid directly to the players as part of the official league arrangements and the organizers absconded from the hotel in the early morning hours and support staff behind without paying the hotel bills and settling our professional dues but have been left kept waiting at the hotel premises as the hotel management has refused to let us leave until their bills are cleared or any settlement is being done.
During the course of investigation the details of registration of YUVA Society were obtained and it was found that 07 person are associated with the YUVA Society vide registration No. KC/33/2011-12 (8517) dated 09/08/2024 Registrar of Firms and Societies Punjab and search of the accused who all belonged outside UT of J&K was started and accordingly police parties of police station Rajbagh were deputed to Punjab and Delhi in search of accused persons and during their search it came to surface that all the accused person have concealed themselves to evade their arrest and their residential homes were found locked.
During the course of investigation it came to surface that the accused persons are well aware of their involvement in commission of crime and have absconded to evade their arrest. The police parties have searched everywhere in Punjab Mohali Chandigarh and Delhi but no clue regarding the accused got struck out. During the course of investigation, it further came to the fore that the accused persons had organized a cricket league, namely IHPL, after seeking permission by projecting wrong facts before the local administration in the name of YUVA Society.
“I am of the considered opinion that the accused does not have an automatic right to seek bail in anticipation of arrest and the court has a discretion in deciding whether the accused shall be given concession of bail in anticipation of arrest but such discretion has to be decided sparingly keeping in view the factual circumstances of the case”, the Judge said.
The court said that the investigation, supported by statements of numerous witnesses, bank statements reflecting large financial transactions, seizure memos, electronic evidence including CDR analysis, and the conduct of the accused in absconding from the picture without clearing dues, prima facie discloses the commission of cognizable and serious offences punishable under Sections 316(2) and 318(8) BNS.
The court while declining to grant an anticipatory bail to both the accused said that if they are admitted to anticipatory bail, it is definitely going to impact further investigation of the case in an adverse manner as the further investigation of the case may not be possible without their arrest and custodial interrogation and this aspect can’t loose sight of that nothing substantial has been put forth by the petitioners which shall ask for grant of bail in anticipation of arrest in favour of the petitioners and there is every likelihood that the petitioners shall thwart the course of justice.
“I do not find any merit in these petitions. The same are dismissed accordingly. Both the accused are directed to surrender before the investigation or the competent court for their custodial interrogation in accordance with law governing the subject”, the Judge concluded.
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