[Cites 0, Cited by 0]
Jammu & Kashmir High Court - Srinagar Bench
Owais Ahmad Khan And Others vs Ut Of J&K Th. Sho Police Station Achabal on 28 April, 2026
Author: Sanjay Dhar
Bench: Sanjay Dhar
S. No. 254
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
Bail App No.72/2026
OWAIS AHMAD KHAN AND OTHERS ...Petitioner/Appellant(s)
Through: Mr. Sami Sabir Lone, Advocate.
Vs.
UT OF J&K TH. SHO POLICE STATION ACHABAL ...Respondent(s)
Through:
CORAM:
HON'BLE MR JUSTICE SANJAY DHAR, JUDGE
ORDER
28.04.2026
1. The petitioners have sought bail in anticipation of their arrest in FIR
No.10/2026 for offences under Sections 309(4), 74, 332(c), 115, 119(2),
324(2) BNS, registered with Police Station Achabal.
2. Learned counsel for the petitioners has submitted that a matrimonial
dispute is going on between the brother of the complainant Amir
Ahmad Dar and his wife Bilkeesa Jan-petitioner No.6 herein. It has
been contended that on account of this matrimonial dispute, the
complainant party launched an attack upon petitioner No.6 which
resulted into lodging of FIR 09/2026 for offences under Sections 333,
85, 3(5), 74, 356(3) BNS with Police Station, Achabal, against the
complainant party. It has been submitted that as a counter-blast to the
aforesaid FIR, the complainant party has lodged FIR 10/2026, subject
matter of the present petition. It has been submitted that allegations
levelled in the FIR 10/2026 which is are absolutely false and frivolous
and the same have been levelled with a view to wreak vengeance upon
the petitioners.
3. The learned counsel has further submitted that having regard to the
aforesaid facts the possibility of false implication of the petitioners
cannot be ruled out. It has also been contended that having regard to the
nature of allegations leveled against the petitioners their custodial
interrogation may not be necessary. Thus, according to the learned
counsel, learned Sessions Judge while declining the concession of
anticipatory bail to the petitioners has failed to exercise its jurisdiction
properly.
4. Having heard learned counsel for the petitioners and having perused the
material on record, it appears that there is prima facie merit in the
aforesaid submissions. Accordingly, a case for grant of interim
indulgence in favour of the petitioners is made out.
5. Issue notice to the respondent.
6. Notice is waived by Mr. Ilyas Nazir Laway, learned GA, appearing
counsel for the respondent. He shall file reply by or before the next
date of hearing.
7. Be listed on 03.06.2026.
8. In the meanwhile, till next date of hearing in the event of arrest of the
petitioners in the aforesaid FIR, they shall be released on interim
anticipatory bail subject to the following conditions:
i) That they shall furnish personal bond with a surety bond
in the amount of Rs.50,000/- each to the satisfaction of
the Investigating Officer.
ii) That they shall cooperate with the investigating agency
as and when required.
iii) That they shall not leave the limits of Union Territory of
Jammu and Kashmir except with prior permission of the
Investigating Officer concerned.
iv) That they shall not try to hamper or tamper with the
prosecution evidence in any manner whatsoever.
(SANJAY DHAR)
JUDGE
SRINAGAR
28.04.2026
Ishaq
