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2025 DAILYLAW 636 (JK)

ALTAF AHMAD DAR AND ANR. v. UNION TERRITORY THROUGH POLICE STATION BARAMULLA (HOME)

CrlA(D)/47/2025 · 2026-02-10

Rajnesh Oswal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CrlA(D) No. 47/2025 Page 1 of 2 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR (THROUGH VIRTUAL MODE) CJ Court CrlA(D) No. 47/2025 Uploaded on: 13.02.2026 1 Altaf Ahmad Dar (Age 28 years) S/o Abdul Hamid Dar, R/o Hajin, Sumba, Bandipora. 2 Irshad Ahmad Sheikh (age 25 years) S/o Ghulam Mohi ud Din Sheikh, R/o Saderkot Bala, Sumbal, Bandipora. ..Appellant(s)/Petitioner(s) Through: Mr. Shabir Ahmed Bhat, Advocate Vs 1. UT of Jammu and Kashmir through SHO Police Station, Baramullah. .…. Respondents Through: Mr. Mohsin S. Qadri, Sr. AAG with Ms. Maha Majid, Advocate Coram: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE ORDER 10.02.2026 1. Through this appeal, the appellants have impugned the order dated 19.03.2025, passed by the Court of learned Addl. District and Sessions Judge, (Special Judge, NIA Cases), Sopore, Baramulla, whereby the bail application preferred by the appellant came to be rejected. 2. Objections stand filed on behalf of the respondent. 3. Mr. Shabir Ahmad Bhat, learned counsel for the appellants, submits that the order dated 19.03.2025, impugned in this appeal, was also challenged by the co-accused namely, Mohammad Rafiq Rather, and the Coordinate CrlA(D) No. 47/2025 Page 2 of 2 Bench of this Court vide order dated 23.12.2025 set aside the said order and granted bail to the said co-accused. It is contended that the case of the appellants stands on an equal footing and, therefore, on the principle of parity, they too deserve to be enlarged on bail. 4. Mr. Moshin Qadri, learned Sr. AAG appearing for the respondent has not disputed the proposition put forth by the learned counsel for the appellants. 5. A perusal of order dated 23.12.2025 passed by the Coordinate Bench of this Court in CrlA(D) 53/2025 reveals that the order dated 19.03.2025, impugned in this appeal also, has been set aside and the appellant therein was directed to be released on bail upon furnishing of a personal bond in the sum of Rs. 1,00,000/- alongwith one surety of like amount, to the satisfaction of the trial court, subject to such further conditions as the trial court may deem fit to ensure the smooth conduct of the trial. 6. In view of the above and applying the principle of parity, the order dated 19.03.2025, insofar as it relates to the appellants, is set aside and the appellants are directed to be released on bail upon furnishing a personal bond in the sum of Rs. 1.00 lac each alongwith one surety of like amount to the satisfaction of the trial court, subject to such further conditions as the trial court may deem fit to ensure the smooth conduct of the trial. 7. The appeal is, accordingly, disposed of. (RAJNESH OSWAL) (ARUN PALLI) JUDGE CHIEF JUSTICE Jammu 10 .02.2026 Karam Chand Whether the order is speaking: Yes/No. Whether the order is reportable: Yes/No. KARAM CHAND 2026.02.13 11:43 I attest to the accuracy and integrity of this document