SRINAGAR: The Jammu and Kashmir High Court on Monday granted bail to two residents of Kulgam who according to police had incited youth to join militant ranks and carry out activities against the state.
A single bench headed by Justice MK Hanjura while granting bail set the personal bond at Rs 60,000 with a surety, to the satisfaction of the learned Principal District Session Judge Kulgam, that the two persons will join the investigation when required by the police and they will not tamper with evidence or hamper the investigation.
Farooq Ahmed Sheikh and Zahid Ali Lone, both residents of District Kulgam, were arrested on August 4, 2017.
The police authorities of police station DH Pora Kulgam told the court that they came to know from a reliable source that Farooq and Zahid had raised unwarranted slogans in order to induce youth to join in rioting and also to join militant ranks. This activity had taken place on 02-08-2017, at the time of burial of a militant.
A case was registered against them under Section 153 Ranbir Penal Code (RPC) and section 13 unlawful activities (Prevention) Act 1967 at the police station.
During the investigation of the case, both of them applied for bail before the court of the learned Principal District and Session judge, Kulgam, but the bail was rejected.
The duo again filed two applications for bail in HC on the grounds that the offence under Sec 153 is not made out in the instant case as there is nothing stated in the FIR to show what words they had used to incite the violence or the youth to join militant ranks.
They further said in their application that the continuous detention will prevent them from preparing for their defence. “Mere inducement and not incitement which is the main ingredient of Section 13 UAP Act as stated in the FIR, prima-facie justifies the grant of bail in favour of both,” reads the judgment.