Saleem Yousuf vs Union Territory Through Sho P/S on 16 January, 2025

Jammu & Kashmir High Court – Srinagar Bench

Saleem Yousuf vs Union Territory Through Sho P/S on 16 January, 2025

                                                                        Serial No. 01
                                                                         Suppl. List

       IN HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                        AT SRINAGAR
                               Bail App. No. 09/2025
                                CrlM No. 47/2025
Saleem Yousuf.                                                      ...Petitioner(s)

Through: Ms. Asifa Padroo, Advocate
                                         Vs.

Union Territory through SHO P/S                                    ...Respondent(s)
Bijbehara.



Through:

CORAM:
        HON'BLE MR. JUSTICE MOHD YOUSUF WANI, JUDGE.
                                      ORDER

16.01.2025

1. Issue notice to the respondent in the main as also in interim

application for filing objections with an advance copy to other side

well before next date of hearing.

2. Requisites within a period of one week.

3. Heard further arguments of the learned counsel for the

petitioner/accused in respect of her prayer for grant of interim bail.

4. Learned counsel for the petitioner/accused while reiterating her stand

already taken in the bail petition has submitted that the

petitioner/accused has been falsely and frivolously implicated in the

case and is suffering incarceration since last one year. She further

submitted that the trial of the case is at its advanced stage as most of

the prosecution witnesses have been examined during the trial. The

material witnesses in relation to the charge against the

petitioner/accused have not substantiated the prosecution version of
the case. She also submitted that the case against the

petitioner/accused escapes the embargo under Section 37 NDPS Act

and there appears no reasonable ground of his involvement in the

case. It has also been argued that it is evident from the evidence so far

recorded during the trial that the investigating agency has observed

mandatory provisions under the NDPS Act in utter breach and there is

total contradiction as regards the alleged recovery and seizure.

5. Perused the application for grant of interim bail which is supported by

a duly sworn affidavit. Also perused the main bail petition and the

copies of documents enclosed with the same especially the statements

of the prosecution witnesses examined during the trial and the order

dated 24.12.2024, passed by the learned Special Judge (Designated

under NDPS Act), Anantnag, whereby the earlier bail application of

the petitioner was dismissed.

6. Prima-facie ground appears to be made out in the opinion of the

Court for grant of interim bail.

7. List on 19th February, 2025.

8. In the meantime, till the next date of effective hearing before the

Bench, the petitioner/accused is admitted to interim bail subject to his

furnishing surety and personal bonds to the tune of Rs. 50,000/- each

for fulfilling the following conditions:-

I. That the petitioner/accused shall remain punctual at the
trial and shall not make any inducement, threat or undue
influence on the prosecution witnesses yet to be
examined.

II. The petitioner/accused shall not repeat the commission of
any crime.

III. That the petitioner shall not leave the limits of the U.T of
J&K without prior permission of the SHO P/S Bijbehera,
Anantnag.

9. In case the requisite surety and personal bonds are respectively furnished

to the satisfaction of the learned Joint Registrar Judicial of this Court and

Superintendent District Jail, Anantnag, the petitioner/accused shall be

released in this case from his custody.

(MOHD YOUSUF WANI)
JUDGE
SRINAGAR:

16.01.2025
“Abdul Rashid”