HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Bail App No. 86/2025 Shahbaz Khan …..Appellant(s)/Petitioner(s) Through: Mr. Ajaz Chowdhary, Advocate. q vs UT of J&K & Anr. .…. Respondent(s) Through: Mr. Eishaan Dadhichi, GA for R-1. Mr. Rahil Kazmi, Advocate for R-2. CORAM: HON’BLE MR. JUSTICE MA CHOWDHARY, JUDGE ORDER 14.11.2025 01. Petitioner-Shahbaz Khan alleging false implication, has moved this application seeking grant of anticipatory bail in a case registered vide FIR No.0035/2025 on 27.02.2025 at Police Station, Poonch, for the commission of offences punishable under Section 137(2) of BNS, on the ground that petitioner has married one Gulnaz Akhter D/O Nazir Hussain R/O Village Khanater on 14.12.2024 with the consent of the her family; that said Gulnaz Akhter was of the age of above 18 years, however, due to some dispute over the dower (mehar) amount, father of the girl approached the concerned Police Station, who refused to register the case, but with the intervention of Project Coordinator, Child Unit, Poonch, a case was registered alleging that the said Gulnaz Akhter had been kidnapped, as such, a case was registered. 02. Notice was issued to the respondent and Mr. Eishaan Dadhichi, learned GA, appeared on behalf of the respondent. However, despite several and numerous opportunities, respondent no. 1 did not file a reply. Thereafter, the petitioner moved an application to implead the alleged abductee, Gulnaz Akhter, as respondent no. 2, to which the said abductee filed objections and stated that she is the legally wedded wife of the petitioner and that she does not have any objection in case the petitioner is granted bail, as she denied having been kidnapped and stated that she was 19 years of age and had contracted marriage with the petitioner. 03 2 Bail App No. 86/2025 The objections are supported by an affidavit, duly attested, wherein she was identified by Mr. Rahil Kazmi, Advocate. 03. Since the offence under Section 137 (2) of the BNS, with which the petitioner is charged, is punishable with imprisonment up to 07 years and fine, having regard to the punishment provided for the offence, this Court is of the opinion that petitioner is entitled to be admitted to bail in anticipation of his arrest in the case. 04. The petitioner is, thus, admitted to bail in anticipation of his arrest, subject to following conditions:- (i) that he shall furnish bail and personal bonds to the tune of Rs.50,000/- to the satisfaction of the SHO concerned Police Station; (ii) that he shall not leave the territorial jurisdiction of the UT of J&K without prior permission from this Court; (iii ） that he shall not hamper the investigation in any manner whatsoever; and (iii) that he shall not tamper with the prosecution evidence in any manner or associate with the prosecution witnesses to influence them. 05. Disposed of. (MA Chowdhary) Judge Jammu 14.11.2025 Abinash