KL NEWS NETWORK
Incarcerated Muslim League chief and senior Hurriyat (g) leader Masarat Alam Bhat was Wednesday granted bail in sedition charges against him in 2010 for circulating a video asking “security” personnel to leave Jammu and Kashmir.
The special mobile passenger Tax and Electricity magistrate, Surinder Singh rejected the objection filed by the state against Masarat and the bail was granted over a surety and personal bond of Rs 50000.
The prosecution had sought rejection of bail on the ground that the offence is heinous, serious and anti-national.
The State prayed for rejection of bail application on the ground that accused is involved in non-bailable offences as such cannot claim bail as a matter of right
Police had stated that the evidence collected by the investigating agency establishes prima facie case against the accused for the offence 13 ULA (P) Act, 506 and 124-A /RPC “and as such this application of the accused merits rejection”.
The prosecution had further stated that if Alam is given bail, he may or may not face trial in court.
While rejecting the objections of the state, the court said heinousness of offence alone is not the criteria to refuse the bail in case it appears that the severity of punishment attached will compel the accused to evade the process of trial.
“Then in such circumstances heinousness of offence and element of escaping from the clutches of law shall stand in the way of granting concession to the accused,” the court observed, adding that there is no likelihood of the accused evading trial when no material to that effect has been placed on record by prosecution.
The court granted bail to Alam on the condition that he shall not by any mode or manner cause any inducement, threat or coercion to the prosecution witnesses to depose in his favour and will not commit or repeat the similar offence in future.
He has also been asked not to leave the state without the prior permission of the court.
Earlier, Alam through his counsel Farooq Ahmad Bhat rejected the charges levelled against him saying that FIR was lodged on behalf of some influential politician.
Masarat, presently, is detained in Baramulla Sub Jail under police remand in a case registered in Shaheed Gunj Police Station.