Jammu & Kashmir High Court - Srinagar Bench
Ut Of J&K Through P/S Chadoora vs Bashir Ahmad Khan S/O Abdul Ahad Khan on 15 October, 2025
Author: Rajnesh Oswal
Bench: Rajnesh Oswal
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT
SRINAGAR
Reserved on: 09.10.2025
Pronounced on: 15.10.2025
Uploaded on: 15.10.2025
Whether the operative part or
full judgment is pronounced: Full
CJ Court
CrlA(D) No.7/2022
UT OF J&K THROUGH P/S CHADOORA
...Petitioner(S)/Appellant(s)
Through: - Mr. Mohsin Qadiri, Sr. AAG, with
Ms. Maha Majeed, Assisting Counsel.
Vs.
1. Bashir Ahmad Khan S/o Abdul Ahad Khan
R/o Gund Checkpora, and three others.
...RESPONDENT(S)
Through: - Mr. Wajid Haseeb, Advocate.
CORAM: HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE RAJNESH OSWAL, JUDGE
ORDER
OSWAL 'J'
1) This appeal is directed against the order dated
27.10.2021, whereby the respondent No.1 has been
enlarged on bail by the Court of Special Judge (Designated
under NIA Act), Srinagar (for short 'the trial court"), in
charge sheet titled "State vs. Bashir Ahmad Khan & anr"
arising out of FIR No.112/2019 of Police Station, Chadoora,
registered under Sections 16, 18, 19, 20, 23 and 38 of UAP
Act and 7/25 Arms Act.
2) It is contended that the learned trial court has
granted bail to the respondent No.1 despite there being a
prohibition contained in Section 43-D ULA(P) Act for grant
of bail.
3) Mr. Mohsin Qadiri, learned senior AAG, has reiterated
the submissions made in the memo of appeal as recorded
above.
4) Per contra, Mr. Wajid Haseeb, learned counsel for the
respondent No.1 has submitted that the learned trial
court, after examining the statements of the material
prosecution witnesses pertaining to the respondent No.1,
has granted bail in his favour, particularly when there was
no incriminating evidence against the said respondent. He
has further submitted that after the appellant was enlarged
on bail, two more accused have been granted bail by the
learned trial court.
5) Heard and perused the record.
6) The record depicts that vide order dated 04.03.2020,
the respondent No.1 was charged for commission of
offences under Section 18/19/23 of UA(P) Act for aiding,
voluntarily harbouring and concealing the members of the
banned terrorist organization, with the allegation that one
militant was killed in the house of respondent No.1 on
28.06.2019. The respondent No.1 was arrested on 5th July,
2019. The learned trial court, after examining the
statements of 11 prosecution witnesses, has granted bail to
the respondent No.1. We are informed by Mr. Mohsin
Qadiri, learned senior A.A.G, that out of 24 witnesses cited
by the prosecution, 15 witnesses have already been
examined.
7) The respondent No.1 has been enlarged on bail after
he remained in custody for more than three years. The
learned trial court after examining the statements of the
witnesses has exercised its discretion for grant of bail. The
appellant has not been able to demonstrate any perversity
in the order impugned in this appeal. The respondent No.1
has remained on bail for nearly about four years and till
date the prosecution has not complained against the
respondent No.1 that he has violated any condition
imposed by the learned trial court while granting bail in his
favour.
8) After examining the order impugned in this appeal
and the statements made by the witnesses, we find that the
learned trial court has rightly granted bail to the
respondent No.1. as such, this appeal is disposed of by
providing that the trial court shall dispose of the charge
sheet on the basis of the evidence led by the parties,
without getting influenced in any manner with any
observation made by it in order dated 27.10.2021, whereby
bail was granted in favour of the respondent No.1.
9) A copy of this order be sent to the learned trial court
for information and compliance.
(RAJNESH OSWAL) (ARUN PALLI)
JUDGE CHIEF JUSTICE
Srinagar
15.10.2025
"Bhat Altaf"
Whether the Judgment is speaking: Yes
Whether the judgment is reportable: No
