JAMMU: Chief Judicial Magistrate Jammu Anjum Ara on Friday rejected the bail application of CRPF constable Ashwani Kumar, involved in Jammu and Kashmir Police Sub Inspector recruitment Scam.
While rejecting the bail application, CJM Jammu Anjum Ara after hearing Vijay Kumar Dogra Public Prosecutor for the CBI, observed that the charge-sheet in the present case has been filed before this court. However, it is prima facie evident from the record that non-applicant/CBI is conducting further investigation in the matter and will file subsequent chargesheet in the case as there is more evidence to be collected by the non-applicant and there is possibility of involvement of many more accused in the present case. More so the accused is involved in a serious economic offence of huge magnitude and prima facie he has played a key role in the criminal conspiracy to leak the question paper for financial gain. The investigating agency CBI has prayed in the charge sheet that further investigation is still going on in the case and subsequent charge sheet will be filed as and when the investigation is complete. It is also alleged that the present accused is habitual offender as he was also involved in criminal conspiracy to leak question papers of FFA, JE (Mains) exams as well and has collected huge proceeds of crime. In such circumstances, the accused who is involved in such serious and economic offences cannot claim bail on medical grounds.
While rejecting bail application, CJM Jammu Anjum Ara observed that this Court is of conscious of the fact that liberty of a person is precious and is to be protected by courts however liberty of a person who is accused of an offence is to be considered on the facts and circumstances of the case. The offences involved in the present case impact the whole society especially the meritorious students whose future is ruined by such unfair methods. Such socio-economic offences need to be dealt with a different approach. Thus the accused is not found entitled for any leniency of bail at this stage for the reasons viz; he has played a key role in criminal conspiracy with other accused persons; he is involved in serious economic offence; he is habitual offender involved in other similar cases; further investigation of the case is still going on; the accused being highly influential can temper with evidence and hamper/frustrate further investigation and the involvement of many more accused is yet to be ascertained by the investigating agency as such the release of accused at this stage will hamper the investigation. JNF