Jammu & Kashmir High Court
Mohd. Ashraf Beigh vs Ut Of J&K And Ors on 11 March, 2025
Author: Sanjay Dhar
Bench: Sanjay Dhar
Sr. No. 86
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Case: Bail App No. 68/2025
c/w
CRM(M) No. 198/2025
Mohd. Ashraf Beigh. ...Petitioner(s)/Appellant(s)
Through: Mr. Sandeep Gupta, Advocate.
V/s
UT of J&K and ors. .... Respondent(s)
Through: Ms. Monika Kohli, Sr. AAG.
CORAM: HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE
ORDER
11.03.2025
01. The petitioner has thrown challenge to FIR No. 0051/2022 for offences
under Sections 379/419/420/465/467/468/471/120-B of IPC registered with the
Economic Offences Wing, Crime Branch Jammu. The petitioner has also sought
bail in anticipation of his arrest in the aforesaid FIR.
02. It is contended by learned counsel for the petitioner that dispute which is the
subject matter of the impugned FIR is purely of commercial nature and the said
dispute is between the private respondents and the son of the petitioner, namely,
Imran Beigh, who is running a business under the name and style of M/s BCC
Private Limited, with which the petitioner has no connection. It has been contended
that the allegations made in the impugned FIR, so far as the same pertain to the
petitioner, are baseless and without any substance. It has also been submitted that
the petitioner is not a signatory to the document which, as per the impugned FIR,
is a fabricated document executed with a view to cheat the complainant.
-2-
03. Having heard learned counsel for the petitioner and having perused the
material on record, it appears that the petitioner has succeeded in making out a
prima facie case for grant of interim relief.
04. Issue notice to the respondents.
05. Notice be sent to respondent no.1 through Ms. Monika Kohli, learned Senior
Additional Advocate General. Notice be sent to respondent nos.2 to 4 through the
concerned Police Station.
06. In the meanwhile, in the event of arrest of the petitioner in the impugned
FIR, he shall be released on ad interim anticipatory bail till next date of hearing
subject to the following conditions:
I) that he shall furnish bail bond with one surety in the amount of
₹ 50,000/- to the satisfaction of the investigating officer.
II) that he shall cooperate with the investigating agency and shall
participate in the investigation as and when asked to do so.
III) That he shall not tamper with the prosecution
evidence/witnesses.
IV) That he shall not leave the limits of UT of J&K without prior
permission of the Investigating Officer.
List both the petitions on 5th May 2025.
(SANJAY DHAR)
JUDGE
Jammu
11.03.2025
SUNITA/PS
SUNITA KOUL
2025.03.12 10:48
I attest to the accuracy and
integrity of this document