Court grants bail to former SMC Secretary in ?Kashmir Fight? blog case

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A Special Court in Srinagar on Friday granted bail to Sofi Mohammad Akbar, the former Secretary of Srinagar Municipal Corporation (SMC), one of the accused in the “Kashmir Fight” blog case.

Sofi was arrested along with four others by J&K Police in July 2021 for his alleged involvement in running the online blog site which ran smear campaigns against and prepared a hit list of prominent personalities in Kashmir.

The police later charge-sheeted Sheikh Sajjad Gul ( a designated terrorist and is currently absconding), Tabish Akbar Rehmani, Sofi Mohammad Akbar and Peerzada Raqif Makhdoomi in the case. The two accused were already bailed out in the case by the Court.

After hearing prosecution and defence counsels, the Additional Sessions Judge Special Judge Designated Under NIA Act, Srinagar, Sandeep Gandotra said that there is no material evidence pending examination before the Court as per the charge sheet that could bring forth any degree of plausible connectivity of the accused with the stated offences for which he has been languishing in the jail from last 27 months.

” ..hence the accused no 3 ( Sofi) being innocent and unconnected thereof. Thus the right of the accused no. 3 to seek and be allowed the concession of bail at this stage is legally validated,” the Court order read.

The order said Sofi is in no way connected directly or indirectly with the commission of crime and what appears from the statement of all the witnesses is that there have been manoeuvring and manufacturing and the Investigating officers have also played the part to show that the “Kashmir Fight” blog case is solved but in reality who is behind this “Kashmir fight” blog online campaign even investigating agency doesn’t know.

” And this conclusion can be drawn by the fact that during the period of detention of accused no. 3 the Kashmir fight blog page was still active and under operation; that the prosecution has examined all the protected witnesses related to accused no 3 in the case except witnesses about seizure and search of some unknown other persons who have not been cited as prosecution witnesses; that the counsel for the petitioner submits that the standard prescribed for the grant of bail is “Reasonable ground to believe” that the person is not guilty of the offence,” the Court said.

“That it is submitted that the remaining prosecution witnesses related to the forensic evidence who are yet to be examined are “protected witnesses” whose identity is not revealed anywhere therefore, the chance of tempering these witnesses by any means would not arise at all; that it is not out of place to mention here that the accused no 2 and 4 in the present case have been bailed out already by this court of law and the present petitioner seeks equal treatment and demands consideration bail by applying rule of parity;” the order said.

“The application filed by Sofi Mohammad Akbar seeking bail is hereby allowed. The accused is directed to be enlarged on bail provided he furnishes a bail bond of one lakh rupees with two sureties of the same amount,” the Court order read

In July 2021, Jammu and Kashmir police claimed to have arrested five persons running an online blog site, which ran smear campaigns and prepared a hit list of prominent personalities in Kashmir, including Rising Kashmir editor Shujaat Bukhari. Police had said that the module was busted during multiple raids in Srinagar and Poonch.

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