SRINAGAR: The court of the Principal Sessions Judge in Bandipora has dismissed the bail application of Farooq Ahmed Guddu on medical grounds. The court order, issued under Bail Application No. 447/2023, pertained to FIR No 52/2006 filed at the Sumbal Police Station. This case involves charges under sections 302, 364, 120-B, and 201 of the Indian Penal Code (IPC).
Farooq Ahmed Guddu, a former Assistant Sub-Inspector (ASI) and resident of Pati Rampora, Tulmulla Ganderbal, approached the court seeking bail based on a previous order issued by the Jammu and Kashmir High Court. However, the court meticulously examined the case and highlighted the need to consider the previous order’s operative part, which mandated the trial court to independently assess the bail application on its merits.
The grounds presented in the bail application stressed that Guddu had been falsely implicated in three FIRs filed at different police stations. Two of these FIRs had been transferred to the court of the Principal Sessions Judge in Jammu, while the third FIR, still pending, had been stayed by the High Court.
The petitioner argued that his co-accused, Hans Raj Parihar, had been granted interim bail due to medical reasons, and therefore, similar treatment should be extended to him. The petitioner claimed that his prolonged detention had resulted in health issues, including hypertension, generalized weakness with LBA (low backache), and chronic dermatitis, impairing his ability to communicate and behave normally.
Opposing the bail application, Abdul Majid, the Public Prosecutor (PP) pointed out that the medical records provided by the petitioner were from 2021 and lacked recent evidence supporting the claimed serious ailments. The PP further argued that the accused’s involvement in a heinous crime, specifically a “fake encounter,” along with the gravity of the offenses, warranted the denial of bail.
After considering arguments from both sides, Amit Sharma, the Principal Sessions Judge concluded that the petitioner’s medical condition could be adequately managed within the prison system. Citing a previous grant of medical bail to the petitioner in related FIRs, the court found it unnecessary to grant bail in the current case.
In its final decision, the court dismissed the bail application, emphasizing that medical bail is granted for specific treatment purposes, and in this instance, there was no justification to extend the concession. The court also highlighted that the accused’s detention in the present FIR had prevented him from availing the previously granted bail.
As a result of the dismissal, Guddu will remain in custody while the trial proceeds. The court emphasized the importance of striking a balance between individual interests and public interests, particularly given the heinous nature of the offenses involved.