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2025 DAILYLAW 12722 (JK)

DILAWAR JAVID AND ANOTHER v. UNION TERRITORY OF JAMMU AND KASHMIR THROUGH POLICE STATION ANANTNAG (HOME DEPARTMENT)

Bail App/17/2022 · 2025-11-04

Sanjay Dhar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

11 Regular IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR Bail App No. 17/2022 Dilawar Javid and Anr. ….. Petitioner (s) Through: Ms. Nida Nazir, Adv V/s Union Territory of J&K through Police Station Anantnag ….. Respondent(s) Through: Mr. Ilyas Laway, GA Coram: Hon’ble Mr. Justice Sanjay Dhar, Judge ORDER 04.11.2025 1. The petitioners have sought bail in anticipation in FIR No. 34/2022 for offences under Section 8/15, 29 NDPS Act registered with Police Station Anantnag. Vide order dated 28-07-2022 passed by this Court, the petitioners were enlarged on interim anticipatory bail subject to the certain conditions. The said order is still in force. Heard learned counsel for the parties and perused the record. 2. Interim anticipatory bail was granted to the petitioners primarily on the ground is that they were sought to be implicated on the basis of confessional statement of co-accused Shahnawaz Ahmad Wani made by him before the police officials. While granting the interim bail to the petitioners it was made clear that if during the investigation of the case any material is collected by investigating agency which connects the petitioners in the alleged crime, it will be free to seek cancellation of interim bail granted by the petitioners. 3. The investigation of the case is complete and the charge sheet stands already filed before the competent court. The record of the Trial Court has been perused. From a perusal of the same prima facie it appears that excepting the confessional statements of petitioners and the co- accused made before the police officials, there is hardly any admissible evidence on record to connect the petitioners with the alleged crime. 4. Learned counsel for the respondents has submitted that during investigation of the case call data records of the petitioners and the main accused were obtained and analysis of the same would reveal that the petitioners were in constant touch with the main accused. I am afraid merely on the basis of call data records without any voice recording, prima facie involvement of the petitioners in the alleged crime may not get established. 5. In view of the above, coupled with the fact that the respondents have not brought to the notice of this Court any evidence to show that the petitioners have misused the concession of bail granted to them vide order dated 28-07-2022, the same is made absolute, subject to the conditions contained in the aforesaid order. 6. The instant petition stands disposed of. (Sanjay Dhar) Judge SRINAGAR 04.11.2025 Sarvar