Srinagar: What began as a five-year love story in Uri allegedly ended in betrayal, poisoning and death, with the High Court of Jammu & Kashmir and Ladakh now refusing bail to two men accused of conspiring in the murder of a young man who was allegedly lured with promises of marriage.
Justice Sanjay Dhar dismissed the bail application of Basharat Ahmad Abbasi alias Bashir and another accused in a case that had shocked many in north Kashmir because of its tragic backdrop of romance, family opposition and an alleged conspiracy ending in death.
The accused are facing trial under Sections 302 and 120-B of the IPC before the court of Additional Sessions Judge, Baramulla, in connection with the 2020 death of Mohammad Syed Abasi of Uri.
According to the prosecution, the deceased had been in a relationship for nearly five years with a woman identified as Zahida Bano. The two reportedly wished to marry, but the relationship was allegedly opposed by members of the woman’s family. Investigators claim that the opposition ultimately turned deadly.
Police alleged before the court that a conspiracy was hatched by certain family members and associates to eliminate the deceased. As per the investigation, the victim was allegedly called to a house on the assurance that his marriage with Zahida Bano would finally be arranged. Instead, investigators claim he was served tea mixed with rat poison.
Hours later, on January 24, 2020, Mohammad Syed Abasi was found unconscious near a bridge at Bela Reshiwari in Uri. Passersby shifted him to hospital, where doctors declared him brought dead.
Initially treated as an inquest case, the matter took a dramatic turn after postmortem findings indicated death by poisoning, leading to registration of a murder case at Police Station Bijhama.
The prosecution case gained further significance from what investigators described as the victim’s final recorded words. During investigation, police claimed that shortly before his death, the deceased telephoned a witness, Altaf Hussain, and asked him to record the conversation.
In that recording, according to the prosecution, the deceased allegedly named the persons responsible for poisoning him.
The High Court noted that prosecution witnesses Altaf Hussain and Mohammad Rafiq had supported the prosecution version during trial. The court also observed that the recorded conversation had been forensically examined and no signs of editing were found by the Central Forensic Science Laboratory.
Counsel for the petitioners argued that the case rested entirely on circumstantial evidence and pointed to alleged inconsistencies in forensic findings, including differences between the poison recovered by police and the poison detected in the deceased’s viscera. The defence also stressed that the accused had remained behind bars for more than five years and claimed their right to speedy trial had been violated.
However, Justice Dhar held that, at the bail stage, the court could not conduct a detailed appreciation of evidence or critically analyse witness testimony. The court observed that the deceased’s statements immediately before death relating to the cause of death carried evidentiary value and constituted important material against the accused.
Rejecting the plea for bail, the court further held that delays in the trial were largely attributable to disruptions caused by the Covid-19 pandemic, when courts functioned through limited virtual modes and internet connectivity issues hampered proceedings in Kashmir.
The High Court concluded that most material witnesses had already been examined and directed the trial court to expedite the remaining proceedings so the case was concluded at the earliest.
