HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Bail App No. 42/2024 Mohd. Tousif …..Appellant(s) Through: Mr. Mehtab Gulzar, Advocate Vs Station House Officer Police Station Nowabad Jammu .…. Respondent(s) Through: Mr. P. D. Singh, Dy. AG Coram: HON’BLE MR. JUSTICE MOHD. YOUSUF WANI, JUDGE ORDER 11.12.2025 01. Through the medium of the instant successive petition filed in terms of the provisions of Section 439 of the Code of Criminal Procedure 1973 (already repealed but applicable in the case and hereinafter referred to as “Code” for short), the petitioner has sought the grant of bail in his favour in case FIR No. 52/2023 of Police Station Nowabad, Jammu in connection whereof a final report/charge-sheet stands already filed before the learned Special Court i.e. Special Judge Fast Track Court (POCSO Cases) Jammu, on the main grounds that he has been falsely and frivolously implicated in the case FIR and his early bail application came to be rejected by the learned trial Court without there being any incriminating evidence against him. It is submitted by the learned counsel for the petitioner that subsequent to the rejection of the bail by the learned trial Court on 30.01.2024, there is a change in the circumstances of the case with the recording of the statement of the alleged prosecutrix on 29.10.2025 at the trial, who has not incriminated the Sr. No. 13 2 Bail App 42/2024 petitioner. 02. It is submitted by the learned counsel for the petitioner that his grievance will stand redressed, if this Court directs the learned trial Court to consider the successive bail petition of the petitioner in the backdrop of changed circumstances, with liberty to approach this Court again, if needed. 03. The instant petition is, accordingly, disposed of with the direction to the learned trial Court to consider under law a subsequent bail application, if filed by or on behalf of the petitioner after affording full opportunity of being heard to both the parties. The petitioner can, as a matter of right, approach this Court, if he feels aggrieved of the order passed on the successive bail application, if any, filed by the petitioner. 04. The successive bail, if filed by the petitioner shall be heard and disposed of in an expeditious manner.ss (Mohd. Yousuf Wani) Judge Jammu 11.12.2025 Riya Kochhar