Serial No. 16 REGULAR CAUSELIST HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CrlA(AS) 3/2022 State through Police Station Safakadal. …Appellant(s) Through: Mr. Abdul Rashid Malik, Sr. AAG with Mr. Rahella Khan, Advocate Vs. Basit Ashraf Malik & Anr. ...Respondent(s) Through: Mr. WajidHaseeb, Advocate CORAM: Hon’ble Mr. Justice Sanjeev Kumar, Judge. Hon’ble Mr. Justice Puneet Gupta, Judge. ORDER 10.02.2025 1. This is an appeal by the State (Union Territory of Jammu and Kashmir) filed under Section 21 of the National Investigation Agency (NIA) Act, 2008, challenging an order dated 24th July, 2021, passed by the Court of Special Judge (Designated under NIA Act), Srinagar, whereby the respondent No. 1 was granted bail in FIR No. 59/2018 registered at Police Station,Safakadal, for offences under Sections 16/18/20/38/39 of the Unlawful Activities (prevention) Act, 1967 (UAPA) Act, along with Sections 7/25, 7/27 of the Indian Arms Act. 2. The impugned order is assailed by the appellant primarily on the ground that the learned Special Judge has while disposing of the bail plea of the respondent No. 1 given findings of fact which are likely to prejudice the trial. 3. Mr. Abdul Rashid Malik, learned Senior Additional Advocate General (AAG) for the appellant, submits that a bare perusal of the impugned order suggests that the Special Judge has gone deep into appreciating the evidence on record and returned findings of fact that are tantamount to an acquittal of respondent No. 1 at the bail stage. He submits that such an order could not have been passed by the Special Judge. 4. Having heard learned counsel for the parties and perused the material on record, we are of the considered opinion that this appeal can be disposed of by clarifying that any observation made by Special Judge in the impugned order while disposing of the bail application of respondent No. 1, shall be restricted solely to the disposal of the bail application of the respondent No. 1 and shall not be construed as an expression of opinion on the merits of the case. The Trial Court shall proceed to conclude the trial and pass the appropriate judgment purely on its merits, without being influenced by any of the observations made in the impugned order. 5. Disposed of. (Puneet Gupta) (Sanjeev Kumar) Judge Judge SRINAGAR: 10.02.2025 “MIR ARIF” MIR ARIF MANZOOR I attest to the accuracy and authenticity of this document 12.02.25