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2025 DAILYLAW 1456 (JK)

UNION TERRITORY THROUGH POLICE STATION ASHMUQAM (HOME) v. FAREED AHMAD DOIE

Bail App/128/2025 · 2026-09-02

M A Chowdhary

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Serial No. 05 Regular Cause List HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR Bail App No. 128/2025 CrlM No. 928/2025 Union Territory of Jammu & Kashmir, Trough SHO Police Station Ashmuqam. … Petitioner(s) Through: - Mr Ilyas Nazir Laway, Government Advocate. V/s Fareed Ahmad Doie S/O Maniya Doie R/O Harden Khayar, Anantnag. … Respondent(s) Through: - None. CORAM: HON’BLE MR JUSTICE M. A. CHOWDHARY, JUDGE. (ORDER) 02.09.2026 01. Heard learned Counsel appearing for the Petitioner-UT. 02. The Petitioner-Union Territory of Jammu & Kashmir has invoked the jurisdiction of this Court seeking cancellation of Order dated 10th of March, 2025 passed by the Fast Track Court of learned Additional Sessions Judge, Anantnag (for short “the Trial Court”), whereby the Respondent herein was granted interim bail in connection with FIR No. 34/2024 of Police Station Aishmuqam, for an offence punishable under Section 376 of the Indian Penal Code (IPC). 03. The contention of the Petitioner is that, while granting interim bail to the Respondent, the Trial Court did not take into consideration the parameters as envisaged under law as also the gravity of the offence alleged to have been committed by the Respondent. 04. Admittedly, the Respondent herein was admitted to interim bail and the matter is still pending on the docket of the Trial Court. Therefore, the Petitioner is required to first exhaust the remedy before the Bail App No. 128/2025 CrlM No. 928/2025 Trial Court, which has granted the interim bail in favour of the Respondent, instead of invoking the jurisdiction of this Court. 05. Confronted with the above given facts and circumstances, learned Counsel for the Petitioner seeks liberty to approach the Trial Court so as to avail the remedy as provided under law. 06. In view of above, this Petition is disposed of at this stage with the liberty as prayed for and, in case, any such application is filed before the Trial Court, same shall be considered and disposed of expeditiously, in tune with the mandate of law governing the subject. 07. Bail App is, thus, disposed of on the above terms, along with the connected CrlM. (M. A. CHOWDHARY) JUDGE SRINAGAR September 2nd, 2026 “TAHIR” Tahir Manzoor Bhat I attest to the accuracy and authenticity of this document