Item No.93 Suppl List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR Pronounced on:06.06.2026 Uploaded on: 08.06.2026 Bail App No.103/2026 CrlM No.888/2026 ASHIQ HUSSAIN GAZI ...PETITIONERS/APPELLANT(S) Through: - M/S: Saleem Gul & Rakshanda Bashir, Advocates. Vs. UT OF J&K & OTHERS …RESPONDENT(S) Through: - CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE ORDER(ORAL) 1) The petitioner, through the medium of present petition, is seeking bail in anticipation of his arrest in FIR No.38/2026 for offences under Section 309(4), 318(4), 126(2) and 161(2) of BNS registered with Police Station Achabal, Anantnag. 2) It appears that the petitioner had approached the Court of learned Principal Session Judge, Anantnag, with a prayer for grant of anticipatory bail in the same FIR. In the said application, notice was issued to the prosecution whereafter the matter was posted on 25-05-2026. While issuing notice in the said application, the learned Session Judge had passed an exparte interim direction protecting the petitioner from arrest. However, it was provided in the said order that the protection would not apply to the offences which carry imprisonment for more than seven years and certain other offences under special Acts. 3) Learned counsel for the petitioner has submitted that the said bail application of the petitioner has been dismissed for non- prosecution, though the order regarding dismissal of the application has not been placed on record. 4) It seems that the petitioner has rushed to this Court through the medium of present application and has deliberately got his application made before the learned Session Judge dismissed in order to circumvent the effect of the law laid down by the Supreme Court in Jagdeo Prasad vs. State of Bihar and Ors. 2025 LiveLaw (SC) 965, which provides that ordinarily the High Court ought not to entertain anticipatory bail application without the accused having exhausted his remedy before the Sessions Court. The petitioner would do well either to get his bail application restored to its original number or move a fresh application before the learned Session Judge. It is only after exhausting the said remedy, that the petitioner can file a fresh bail application before this Court. 5) In view of what has been discussed hereinbefore, the present application is dismissed with leave and liberty to the petitioner to move the court of first instance by way of appropriate application. (Sanjay Dhar) Judge SRINAGAR 06.06.2026 “Bhat Altaf-Secy” Whether the Order is speaking: YES Whether the Order is reportable: YES/NO