Page 1 CRM(M) no.103/2024 HIGH COURT OF JAMMU &KASHMIR AND LADAKH AT SRINAGAR … CRM(M) no.103/2024 Union Territory of J&K through P/S Baramulla …….Petitioner(s) Through: Mr Jahingeer Ahmad Dar, GA Versus Javaid Rashid Bhat and another ………Respondent(s) Through: CORAM: HON’BLE MR JUSTICE VINOD CHATTERJI KOUL JUDGE O R D E R 12.03.2025 1. Setting-aside of Order dated 2nd September 2023, passed by Additional Sessions Judge, Sopore, Baramulla, (court below) granting bail in favour of accused/ respondents in connection with case FIR no.141/2022 of police station Baramulla under Section 8/21, 29 NDPS Act. 2. I have heard learned counsel for petitioners and considered the matter. 3. As is evident from perusal of file, charge-sheet has been filed. During course of trial out of nine witnesses, prosecution has examined its six witnesses. It is evident from plain reading of impugned order that it has been claimed by accused/respondents that statements deposed by prosecution witnesses has raised substantial doubts on warp and woof of prosecution story inasmuch as witnesses examined by prosecution have come up with different versions regarding alleged recovery of contraband. 4. Court below in impugned order has discussed statements of prosecution witnesses and found, as was pointed out by counsel for accused persons before it, contradictions in prosecution case and that prosecution Page 2 CRM(M) no.103/2024 evidence was clouded by many contradictions and inconsistencies from which the court could easily draw a satisfaction that accused had not committed the offence. It was also found by court below that accused persons had been incarcerated for more than a year as they had been arrested on 29th July 2022. 5. Grant of bail is rule and committal to jail is an exception. Refusal of bail is restriction on personal liberty of individual guaranteed under Article 21 of the Constitution of India. If that being the position, impugned orders granting bail in favour of accused/respondents need not be interfered with and as a corollary thereof instant petitions fail. 6. In view of above, the instant petitions are without any merit and are, accordingly, dismissed. Interim direction(s), if any, shall stand vacated. (Vinod Chatterji Koul) Judge Srinagar 12.03.2025 Ajaz Ahmad, Secy.