Srinagar, Apr 28 : In a significant legal development, a court has refused the bail application of Mudasir Aziz, a face book page admin from Srinagar accused of outraging the modesty of a social worker, citing non-cooperation with the investigation and the severity of the charges against him.
The court’s decision comes after a series of hearings following Aziz’s initial application for bail under Section 438 of the Criminal Procedure Code (Cr.P.C), which was granted as interim bail on March 22, 2024, with conditions including cooperation with the investigating officer (I/O) and refraining from leaving the territorial limits without court permission.
However, subsequent developments in the case, as revealed in the police report, indicated a lack of cooperation from Aziz. Despite repeated requests, he allegedly failed to present himself before the police station for interrogation and refused to disclose the password of his seized cell phone. Moreover, it is alleged that Aziz intimidated witnesses, impeding the progress of the investigation.
During the proceedings, the court took note of the gravity of the charges against Aziz, including offenses under sections 354, 341, 442, 506, and 392 of the Indian Penal Code (IPC). Of particular concern was the addition of section 392, which carries a sentence of 10 years’ imprisonment and a fine.
Citing a precedent set by the Supreme Court in the case of “Nathu Singh Vs. State of Uttar Pradesh & Ors,” the court emphasized the need to balance the interests of the applicant with those of the investigating agency, the complainant, and society at large.
Consequently, the court of Additional Sessions judge Srinagar in an order, a copy of which is in the possession Srinagar based news agency Kashmir Dot Com concluded that Aziz had violated the terms and conditions of his interim bail, allegedly attempting to outrage the modesty of the complainant and impeding the investigation. As a result, the bail application was refused, and Aziz was directed to surrender before the investigating agency within three days. Additionally, the interim bail granted on March 22, 2024, was canceled.
