Jainander Tyagi vs Union Territory Th Police Station … on 1 August, 2025

Jammu & Kashmir High Court – Srinagar Bench

Jainander Tyagi vs Union Territory Th Police Station … on 1 August, 2025

Author: Sanjay Dhar

Bench: Sanjay Dhar

                                                            91
                                                            Suppl.


 HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                AT SRINAGAR
                           Bail App 142/2025.


   JAINANDER TYAGI.
                                                           ...Petitioner(s)
         Through:     Mr. Shariq J Riyaz, Advocate

                                   VERSUS
   UNION TERRITORY TH POLICE STATION RAJBAGH.

         Through:     Mr. Mohsin S. Qadri, Sr. AAG with
                      Ms. Nadia Abdullah, AC
                                                          ...Respondent(s)

CORAM:
         HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE.
                              ORDER

01.08.2025

01. Learned counsel for the petitioner has produced a copy of

order dated 05.06.2025 passed by the learned Trial Court

whereby charges for offences under Section 120-B, 506,

420, 494, 495 IPC only stand framed against the petitioner.

Copy of the order is taken on record. On this basis, the

learned counsel has submitted that the petitioner is involved

in only one non-bailable offence viz Section 420 of IPC which

carries a maximum punishment of imprisonment of upto

seven years. He has submitted that even the said offence is

not made out against the petitioner. According to the

learned counsel, once the charge-sheet has been filled

against the petitioner and he is not involved in an offence
punishable with death or imprisonment for life, he cannot be

kept in custody as the same would amount to inflicting

punishment upon him without trial.

02. Learned Senior AAG appearing for the respondents and has

submitted that he may be given two days time to file reply to

the bail application as the trial court has already rejected

the bail application of the petitioner. In the interest of

justice, one last opportunity is granted to the respondent to

file reply to the bail application by next date of hearing.

03. List this application for final consideration on 6th of August,

2025, higher up.

(Sanjay Dhar)
Judge

SRINAGAR
01.08.2025
Bisma