Jammu & Kashmir High Court
Mohd. Bashir And Others vs Ut Of J&K And Others on 2 April, 2025
Author: Sanjay Dhar
Bench: Sanjay Dhar
Serial No. 170
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Bail App No. 87/2025
c/w
Bail App No. 88/2025
CrlM No. 522/2025
CRM(M) No. 272/2025
CrlM No. 530/2025
Mohd. Bashir and others .....Appellant(s)/Petitioner(s)
Through: Mr. M. K. Sharma, Advocate.
vs
UT of J&K and others ..... Respondent(s)
Through: Mr. Eishan Dadichi, GA.
Coram: HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE
ORDER
02.04.2025
CRM(M) No. 272/2025, Bail App No. 87/2025
1. The petitioners have challenged FIR No. 12/2025 dated 03.03.2025 for
offences under Sections 87 and 49 of BNS, 2023 registered with
Police Station, Mandi Poonch. The petitioners have also filed an
application for grant of bail in anticipation of their arrest in the
aforesaid FIR.
2. Learned counsel for the petitioners has submitted that the petitioners
happen to be relatives of main accused, namely, Altaf Husain, who is
alleged to have kidnapped the prosecutrix, who is a major lady having
four children. It has been submitted that the prosecutrix has eloped
with the main accused out of her free will and volition and that the
petitioners have no role in this affair, but they have been unnecessarily
roped in by the respondent No. 3, who happens to be husband of the
2 Bail App No. 87/2025
c/w
Bail App No. 88/2025
CrlM No. 522/2025
CRM(M) No. 272/2025
CrlM No. 530/2025
prosecutrix. Learned counsel for the petitioners has also submitted that
father of the main accused, namely, Sh. Mohd. Aslam and his other
relatives have already been admitted to anticipatory bail by this Court
in terms of order dated 27.03.2025.
3. Issue notice to the respondents.
4. Mr. Eishan Dadichi, learned GA accepts notice on behalf of the
respondent Nos. 1 and 2. He seeks time to file response.
5. Time is granted. Let the needful be done by or before the next date of
hearing.
6. Notice be sent to respondent No. 3 through concerned Police Station.
7. List along with Bail App No. 88/2025 on 06.05.2025.
8. In the meantime, in the event of arrest of the petitioners in the
aforesaid FIR, they shall be released on ad-interim anticipatory bail till
next date of hearing, subject to following conditions:
i. That they shall furnish surety bonds in the amount of Rs.
50,000/- each to the satisfaction of Investigating Officer
and personal bonds in the like amount.
ii. That they shall appear before the Investigation Officer as
and when required.
iii. That they shall not leave the limits of Union Territory of
Jammu and Kashmir without prior permission of the
Investigating Officer.
3 Bail App No. 87/2025
c/w
Bail App No. 88/2025
CrlM No. 522/2025
CRM(M) No. 272/2025
CrlM No. 530/2025
9. Respondent No. 2 shall file a detailed status report with regard to
compliance of aforesaid conditions by the petitioners before the next
date of hearing.
Bail App No. 88/2025
10. Interim bail granted to the petitioners shall remain in operation till
next date of hearing before the Bench.
(SANJAY DHAR)
JUDGE
Jammu
02.04.2025
Sahil Padha
Sahil Padha
2025.04.02 13:49
I attest to the accuracy and
integrity of this document
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