High Court Of Jammu & Kashmir And Ladakh vs Ut Of J&K & Ors on 29 July, 2025

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01. The applicant being aggrieved of order dated 19.05.2025, passed by learned

Special Judge (NDPS cases), Jammu [“the trial court], vide which his bail

application came to be declined, has approached this Court for emancipation.

02. As factual narration of the present case would unfurl, on 08.04.2025, Police

Station Satwari received a source information that some notorious criminals were

roaming in Raina Colony, Satwari, and there was apprehension of commission of

some heinous crime. On the receipt of this report, the police party proceeded to

the spot. At about 2100 hours, the policy party found a new Hyundai Creta Car,

bearing registration No. JK02DC-9666, parked on the roadside, in which three

persons were sitting. It is alleged that when a team member challenged the

persons to alight from the vehicle, the driver of the car and his associates reversed

the vehicle in furtherance of common criminal intention, to kill the police party.

The car hit the police vehicle and ran over ASI Swaran Singh (No. XJ-976324)

and HC Sanjeev Singh (No. 474/J), who as a result fell down and sustained

serious injuries. The police party, in an attempt to stop the vehicle, blocked the

2025:JKLHC-JMU:1981
road with their official vehicles, but the driver of the car hit one of the police

vehicles. In order to protect the policy party, SPO Sahil Kumar (No. 332/SPO)

fired at the front tyre of the car, causing the tyre to burst and the car hit a wall. It

is alleged that said persons deterred the police party from discharging the official

duties. The injured police personnels were shifted to the hospital and all the three

persons boarding the car were detained. On questioning, they revealed their names

as Rashpal Singh (the applicant), Parmodh Kumar and Redham. A Tokka came to

be recovered on personal search of the applicant and a transparent polythene

pouch weighing approximately 10-15 grams of heroin-like substance came to be

recovered from the dashboard of the car. On receipt of this docket, FIR No.

73/2025 for offences under Sections 109, 132/115(2)/3(5) BNS, 8/21/22/29 NDPS

Act and 4/25 Arms Act came to be registered against the applicant and co-

accused.

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