Serial No.08 REGULAR CAUSE LIST IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR Bail App 100/2024 CrlM(1243/2024) Union Territory Through SHO Police Station Uri …Petitioner(s) Through: Mr. Hakim Aman Ali, Dy. AG Vs. Mst. Zareena Begum ...Respondent(s) Through: Ms. Saima Ghulam, Advocate vice Ms. Afrooza Hassan, Advocate CORAM: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE ORDER 11.03.2026 1. Heard Mr. Hakim Aman Ali, learned Deputy Advocate General for the petitioner. 2. The exercise of discretion on the part of the learned 1st Additional Sessions Judge, Baramulla in granting bail that too on medical grounds in favour of the respondent-Mst. Zareena Begum, who is one of the undertrials in a criminal case pending adjudication before the said Court by reference to FIR No. 117/2019 under sections 8/21 and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 read with section 7/25 of the Arms Act, 1959, has left the Union Territory of J&K, through its SHO Police Station, Uri aggrieved to approach this Court invoking jurisdiction under section 439(2) read with section 482 of the Code of Criminal Procedure, 1973 for setting aside the bail granting order dated 08.07.2024. 3. The grant of bail by the Court of the learned 1st Additional Sessions Judge, Baramulla in favour of the respondent-Mst. Zareena Begum, one of the undertrials in custody, is not on the basis of the merits of the case but by reference to the medical condition of the respondent-Mst. Zareena Begum by whose reference the Medical Officer of District Jail, Baramulla had come up with a medical report that the respondent-Mst. Zareena Begum is a known case of Chronic Renal disease which has aggravated her parameters to the extent of even requiring dialysis. 4. In the face of the reported medical condition of the respondent-Mst. Zareena Begum, the grant of bail by the court below cannot be faulted, more particularly, when the respondent-Mst. Zareena Begum happens to be a woman otherwise entitled to relaxed consideration in the matter of seeking bail. 5. Therefore, this Court is not inclined to grant indulgence even though Mr. Hakim Aman Ali, learned Deputy Advocate General presses upon the fact that the alleged contraband recovered from the respondent- Mst. Zareena Begum as well as the co-accused under going trial is a huge quantity of Brown Sugar and, as such, the respondent-Mst. Zareena Begum ought not to have been subjected to bail. 6. This court is not impressed by the submission of Mr. Hakim Aman Ali, learned Deputy Advocate General, as such, negates the plea and, therefore, dismisses the present petition. (RAHUL BHARTI) JUDGE SRINAGAR: 11.03.2026 “Mir Arif”