Srinagar: Special Court Anti-Corruption on Wednesday rejected the bail applications of 8 Ayush Doctors who were arrested by Crime Branch Kashmir recently in connection with fraud.
Anti-Corruption Judge C.L Bavoria after hearing the arguments related to granting of bail to the accused doctors said that petitioners have failed to carve out a prima facie case to qualify for the concession of bail in anticipation of their arrest.
Crime Branch Kashmir last week carried out searches at various locations across the Kashmir Valley in connection with a case registered against 8 Ayush doctors amid allegations of “extortion and blackmailing” by them while running a “self styled” Association.
Crime Branch Kashmir has registered the case (FIR No. 34/2021) under section IPC sections of 420 (cheating), 120-B (criminal conspiracy) and 506 (criminal intimidation) besides 5(2) Prevention of Corruption Act in Police Station Crime Branch Kashmir against the eight doctors following a complaint in which it was alleged that a fake association of Ayurveda, Yoga & Naturopathy, Unani, Siddha & Homeopathy (AYUSH) Doctors is running within J&K. The complainant had also said that the Association was running on fake address without any true credentials. The complainant, they said, also alleged that the fake Association was also resorting to blackmailing, extortion, harassment to Indian System of Medicines (ISM) employees.
Subsequently, during the course of probe, it surfaced that the Association is not registered either with Registrar Societies or any Government Department. The letter head used by the self-styled office bearers (8 doctors) was used on fictitious names and with different fake addresses.
The probe further revealed that members of the Association were threatening, blackmailing Indian System of Medicines employees with the departmental action, transfers and have collected huge amount in cash in the name of the Association.
All the 8 doctors (petitioners) had applied for a bail before Anti-Corruption Court. The accused doctors include Dr. Mushtaq Ahmad Parray of Lawaypora, Srinagar, Dr. Shabir Ahmad Parray of Mustabad, Zainakote, Srinagar, Dr. Shiraz Ahmad Lone of Hassibhat, Rainawari, Srinagar, . Dr. Reyaz Ahmad Teli of Noorbagh, Baghwanpora, Srinagar, Dr. Farooq Naqashbandi, a resident of Jamia Qadeem, Sopore, Dr. Muhammad Amin Kawa of Botingo, Sopore, Dr. Zahoor Ahmad Tantray of Bohipora, Kupwara and Dr. Javed Hussain Mugloo, a resident of Lal Bazar, Srinagar.
The Court while dismissing the bail application said that the allegations against petitioners are incriminating in nature, serious, prima facially is obvious and crystal clear from the evidence collected by the prosecution in the investigation conducted so far and there are indisputable & reasonable grounds for believing that petitioners have committed the offences as indicated in the FIR.
The Court said that anticipatory bail, being an extraordinary privilege, is granted only in exceptional cases, when the court is convinced on the basis of material on record, that a public servant has been falsely implicated. The
investigation in the present case is at its initial stage and at this stage of the investigation it is not appropriate to exercise the concession of bail in favour of petitioners in anticipation of their arrest in light of this case. (KNT)
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