AIJAZ AHMAD DAR v. UNION TERRITORY OF J AND K AND ORS. (HOME)
Bail App/130/2025 · 2025-11-25
Sanjay Dhar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 11722 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 11722 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
05 Regular
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
Bail App 130/2025 C/w Crl R 45/2023
AIJAZ AHMAD DAR
….. Petitioner (s) Through: Mr. Lone Altaf, Adv.
V/s
UNION TERRITORY OF J AND K AND ORS. ….. Respondent(s)
Through: Mr. Illyas Laway, GA
Coram:
Hon’ble Mr. Justice Sanjay Dhar, Judge
ORDER 25.11.2025
Bail App No. 13/2025:
Learned counsel for the petitioner, after arguing for some time, has sought permission of this Court to withdraw the petition with leave and liberty to file fresh bail application before the learned trial court. He has submitted that vide order dated 19.09.2023, the bail application of the petitioner has been rejected by the learned trial court without going into merits of the case. It has been submitted that the learned trial court has rejected the bail application of the petitioner only on the ground that the petitioner is not entitled to default bail. In these circumstances, the petitioner intends to file a fresh application to seek bail on merits.
In view of the above, the petition is dismissed as withdrawn with leave and liberty to the petitioner to approach the learned trial court by
P a g e | 2 Bail App 130/2025 C/w Crl R 45/2023
way of fresh bail application. If and when such an application is made by the petitioner, the same shall be dealt with on its merits by the learned trial court most expeditiously in accordance with law.
Crl R No. 45/2023:
The petitioner, through the medium of present revision petition has challenged order dated 19.09.2023 passed by the learned 1st Additional Sessions Judge, Baramulla whereby application of the petitioner for grant of bail in default in case FIR No. 60/2023 for offences under Section 8/22-29 NDPS Act, has been rejected.
I have gone through the impugned order. It appears that the said
order has been passed by the learned trial court in light of ratio laid down by Division Bench of this Court in case titled Mohammad Amin Illahie and Others Vs. Union Territory of J&K through SHO P/s Budgam passed in CrlA(D) No. 03/2020 decided on 09.09.2020. Hence, there is no ground to interfere with the impugned order passed by the learned trial court. The revision petition is accordingly dismissed.
(Sanjay Dhar)
Judge
SRINAGAR 25.11.2025 Aasif