2nd Additional Sessions Judge Jammu Rajinder Sapru rejected bail application of one Fiyaz Ahmed Rather, who duped Rs 1.30 crore from innocent student for PG course in Medical.
According to Crime Branch petitioner assured complainant in the case for arranging admission of his son in MD Course at ASCOMS Sidhra for session 2016 for which he demanded an amount of Rs. 1,30,00,000 and complainant paid said amount to petitioner. APP D P Singh, appearing for Crime Branch further pleaded that petitioner failed to fulfill his promise and cheated complainant with dishonest, malafide and fraudulent intention; that petitioner resultantly, got involved in FIR No. 10 of 2021 for offences under sections 420/120-B of RPC; that offences committed by petitioner are anti-social, heinous and non-bailable in nature; that petitioner is also involved in another FIR No. 18 of 2020 for offence under section 420 of IPC registered with Police Station Kothi Bagh, Srinagar having same pattern of duping people; that investigation of case is at preliminary stage and release of petitioner would impede the same besides encouraging petitioner to re-indulge in similar activities etc.
2nd Additional Sessions Judge Jammu Rajinder Sapru after hearing APP D P Singh and Adv Amjad Khan for the applicant, observed that modus operandi adopted by the applicant/accused, the fact that he has indulged it similar crime after being granted bail in a case based on identical facts earlier and that many other people have already started approaching the investigating agency with similar allegation against applicant/accused, the Court is of the considered opinion that right of personal liberty of the applicant/accused has to yield to larger interests of the society, as there is every chance that if applicant/accused is given the concession, he will repeat the similar crimes again and may even try to influence and intimidate the witnesses who allegedly have started approaching the investigating agency with their grievances against the applicant/accused, to save himself. With these observations Court rejected the bail application.
