Sr. No. 01 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Bail App No. 102/2023 Ashfaq Ahmed …. Petitioner/Applicant(s) Through:- Mr. H. C. Jalmeria, Advocate V/s Union Territory of J&K …..Respondent(s) Through:- Mr. Eishaan Dadhichi, GA CORAM : HON’BLE MRS. JUSTICE SINDHU SHARMA, JUDGE ORDER 14.11.2025 01. The present application has been preferred by the applicant seeking grant of bail in anticipation of arrest in FIR No. 0036/2023 registered at Police Station Poonch for the commission of offences under Section 354 IPC and Section 67 of the Information Technology Act. 02. The applicant submits that he has remained an elected Sarpanch of Panchayat Dundhak of Tehsil Surankote District Poonch and those opposed to the applicant in his political activities, have got filed a frivolous complaint against the applicant and accordingly, a false and frivolous FIR has been registered against the applicant, in which allegations for the commission of offences including offence under Section 376 IPC has been made. 03. In the objections filed by the respondent, it is submitted that some obscene videos of the complainant along with accused in sexual 2 activity went viral in social media, pursuant to which complaint was lodged before the SHO Police Station Poonch which led to the registration of FIR No. 36/2023. It was also submitted that after recording statement of the complainant, offence under Section 376 IPC has also been added. 04. The applicant initially moved an application for grant of anticipatory bail before the Court of learned Additional Sessions Judge, Poonch which was dismissed vide order dated 06.04.2023. 05. It is also submitted that in the FIR, no specific date or commission of offence has been mentioned and respondent No. 2 approached Senior Superintendent of Police, Poonch directly with an undated and unsigned complaint. 06. This Court vide order dated 17.04.2023 while considering the application of the applicant, released him on interim bail till next date of hearings, subject to some conditions. 07. The applicant/petitioner has also assailed FIR No. 0036/2023 by way of CRM(M) No. 317/2023, which is pending consideration before this Court. The applicant was granted interim bail on 17.04.2023 and there is no allegation alleged by the respondent that the applicant has violated any of the conditions imposed while granting interim bail, this Court is of the opinion that custodial interrogation of the applicant is not required at this stage. 08. In view of the aforesaid facts and circumstances, interim bail granted on 17.04.2023 to the applicant is made absolute subject to the following conditions:- 3 (i) That the applicant shall furnish personal bond to the tune of Rs. 50,000/- and two sureties of the like amount before the Investigating Officer; (ii) That the applicant shall cooperate with the investigation and shall appear before the Investigating Officer as and when required; (iii) That the applicant shall not influence the prosecution witnesses or the course of investigation in any manner; and (iv) That the applicant shall not leave the territorial limit of Union Territory of Jammu & Kashmir without prior permission of the investigating Officer. 09. The bail application stands disposed of as such. (SINDHU SHARMA) Judge JAMMU RAM MURTI/PS 14.11.2025 Ram Murti 2025.11.18 17:19 I am the author of this document