HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Bail App No. 266/2024 c/w CRM(M) No. 838/2024 Wilayat Hussain and others Wilayat Hussain and others ..... Petitioner (s) Through :- Mr. A.M.Malik Advocate. V/s UT of Jammu and Kashmir and others UT of Jammu and Kashmir and others .....Respondent(s) Through :- Mr. Bhanu Jasrotia G.A. Mr. Rajiv Kumar Sharma Advocate. I.O. is present in person. Coram: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE ORDER Bail App No. 266/2024 This is an application by the petitioners under Section 482 of BNSS, 2023, seeking bail in anticipation of their arrest in FIR No. 0436 dated 06.10.2024, registered at Police Station, Rajouri. This application came up for consideration before this Court on 06.11.2024, when this Court, after considering the submissions made by learned counsel for the petitioners and while issuing notice to the respondents to file objections, also provided, by way of an ad interim order, that in the event of arrest of the petitioners in the aforesaid FIR, they shall be admitted to ad interim anticipatory bail subject to the conditions enumerated in the order dated 06.11.2024. Ever since, the petitioners are protected by the aforesaid anticipatory bail order. Sr. No. 3 2 The SHO of P/S, Rajouri, has filed a status report. The Investigating Officer [‘I.O’], appearing in person, has submitted that the investigation in the matter is almost complete and that the challan in the case would be presented within a period of 15 days. There is, however, nothing in the status report filed by the concerned Police Station to indicate that the petitioners, or any of them, have violated the terms and conditions of the bail. As a matter of fact, on being pointedly asked by this Court, the I.O submits that pursuant to the notices issued to the petitioners, they have appeared and cooperated in the investigation. For the foregoing reasons, when the investigation is almost complete and the custodial interrogation of the petitioners is not required, I am inclined to confirm the order of ad interim anticipatory bail granted by this Court on 06.11.2024. Ordered accordingly. Bail application is disposed of accordingly. CRM(M) No. 838/2024 Through the medium of this petition filed under Section 528 of BNSS, 2023, the petitioners are seeking quashment of FIR No. 0436 dated 06.10.2024, registered under Sections 318(4), 331(6), 115(2). 307, 191(2), and 86 of BNSS, 2023 at Police Station, Rajouri. This petition was filed immediately after the registration of the aforesaid FIR. This Court, vide order dated 06.11.2024, permitted the police to investigate the FIR, but provided that the challan shall not be presented without prior permission of this Court. The I.O, appearing in person, has clearly stated that the investigation in the matter is almost complete and that he would be presenting the challan before the competent Court of law within two weeks. He 3 submits that during the investigation, he has collected the evidence which clearly connects all the petitioners with the commission of aforesaid offences alleged against them. Be that as it may, since the investigation is almost complete, I propose to dispose of this petition by allowing the I.O to conclude the investigation and present the challan within a period of three weeks from today. Ordered accordingly. Needless to say that, as and when the challan is presented before the competent Court of law, the petitioners shall be free to argue for their discharge, and in the event of any adverse order passed by the trial Court, they shall be at liberty to approach this Court again. (SANJEEV KUMAR) JUDGE Jammu 02.01.2025 Sanjeev 4