Serial No. 05 REGULAR LIST IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR Bail App 180/2025 CrlM(1271/2025) FEROOZ AHMAD KHAN …Petitioner/Appellant(s) Through: Mr. Rizwan Ul Zaman, Advocate Vs. UNION TERRITORY THROUGH POLICE STATION BEHIBAGH (POLICE / HOME) ...Respondent(s) Through: None CORAM: HON’BLE MR. JUSTICE MOHD YOUSUF WANI, JUDGE ORDE R 17.02.2026 1. It is submitted by learned counsel for the petitioner/accused that the petitioner has been in incarceration with effect from 16.11.2023, on which date he came to be arrested in connection with the FIR in question. It is further submitted that the investigation culminated in the filing of the final police report/charge-sheet before the learned trial Court. That the co-accused persons have already been admitted to bail in the case. That the charges against the present petitioner and the co-accused were framed on 06.04.2024, whereafter the prosecution/State was directed to lead evidence, as the accused, including the petitioner, pleaded not guilty and claimed to be tried. That out of 23 listed prosecution witnesses only 10 witnesses could be so far examined at the trial of the case which leads to an inference that the trial of the case is likely take much more time for its conclusion. 2. Learned counsel further submits that the prosecution witnesses so far examined at the trial have not supported the prosecution version and have instead given rise to material contradictions and serious discrepancies. It is contended that the learned trial Court failed to properly appreciate the evidence of the witnesses already examined and dismissed the bail application of the petitioner vide order dated 15.07.2025, observing that the rigour of Section 37 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 is attracted in the matter. 3. It is also submitted that the grievance of the petitioner would be redressed if the learned trial Court is directed to call/summon the unexamined material prosecution witnesses, including the Investigating Officer (IO), so that the factual aspects having a bearing on the merits of the case are brought on record at the earliest. Learned counsel further submits that after the examination of the remaining material prosecution witnesses, including the IO, the petitioner shall be in a position to move a successive bail application before the learned trial Court. 4. In light of the aforesaid submissions, the instant application is disposed of at this threshold stage with the direction to the learned trial Court to call/summon the unexamined material prosecution witnesses, including the IO of the case, as per the list furnished by learned counsel for the petitioner/accused, for their examination in the first instance, preferably within a period of three months from today, with liberty to the petitioner/accused to move a successive bail application for disposal of the same on merits. 5. A copy of this order be forwarded to the learned trial Court for information and compliance. 6. Disposed of. (MOHD YOUSUF WANI) JUDGE SRINAGAR: 17.02.2026 “Mubashir”