Srinagar: A Srinagar court has cancelled the interim bail granted to Mudasir Aziz, a Facebook page admin from Srinagar, accused of outraging the modesty of a social worker, on grounds of non-cooperation with the investigating agency and severity of the charges against him.
The court has also asked the accused to surrender before the investigating agency within three days.
The order comes after a series of hearings on Mudasir’s initial bail application under Section 438 of the Criminal Procedure Code (CrPC), which provides a protective order in favour of the accused who is apprehending his arrest. An interim bail was granted on March 22 on conditions that he would cooperate with the investigating officer and refrain from leaving the territorial limits without the court's permission.
However, subsequent developments in the case, as revealed in the police report, indicated a lack of cooperation from Mudasir. Despite repeated requests, he allegedly failed to present himself at the police station for interrogation and refused to disclose the password of his seized cell phone. Moreover, it is alleged that Mudasir intimidated witnesses, impeding the progress of investigation.
A probe has been launched to ascertain the facts, a senior police official said, confirming filing of an FIR at Rainawari police station and the accused's arrest.
During the proceedings, the court took note of the gravity of the charges against Mudasir, including offences under sections 341 (wrongful restraint), 354 (sexual assault), 442 (house-trespass), 499 (defamation), 506 (criminal intimidation) and 392 of the Indian Penal Code (IPC). Of particular concern was the addition of section 392 (punishment for robbery), 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 emphasised 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 concluded that Mudasir 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 rejected, and Mudasir was directed to surrender before the investigating agency within three days. Also, the interim bail granted on March 22, was cancelled.
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