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2026 DAILYLAW 1733 (JK)

VIKRANT KOTWAL v. UT OF J AND K TH. STATION HOUSE OFFICER, POLICE STATION,SAMBA

Bail App/135/2026 · 2026-07-10

Ma Chowdhary

body2026

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Bail App No. 135/2026 Vikrant Kotwal, Age 33 years S/O Rajinder Kumar Kotwal R/O Jallo Chak, Tehsil Bahu District Jammu …..Petitioner(s) Through: Mr. K. Nirmal Kotwal, Sr. Adv. with Mr. Pawan Dev Singh, Advocate. Vs Union Territory of Jammu & Kashmir Through Station House Officer, Police Station Samba, Tehsil & District Samba. .…. Respondent(s) Through: CORAM: HON’BLE MR. JUSTICE M A CHOWDHARY, JUDGE ORDER (10.07.2026) 01. Petitioner, through the medium of this petition, having been unsuccessful to seek bail in anticipation of his arrest in a case registered vide FIR No.178/2026 on 22.06.2026 at Police Station Samba for the commission of offences punishable U/Ss 69, 83, 88 and 115(2) of BNSS, 2023, has approached this court seeking the same relief. 02. On perusal of the impugned order, it appears that the learned Additional Sessions Judge, Samba vide his order dated 06.07.2026 in case No.201/2026 titled ‘Vikrant Kotwal V. UT of J&K through Police Station Samba’, has dismissed the application on the sole ground that the petitioner had failed to appear in person at the time of filing of the bail Serial No. 96 Supplementary List-III 2 Bail App No.135/2026 application as well as at the time of consideration of the application and the application has not been considered on merits. 03. This court is of the view that the court below has taken an erroneous view to reject application for grant of bail in anticipation of arrest, for absence of applicant. 04. After arguing for a while, learned senior counsel appearing for the petitioner seeks withdrawal of this petition with liberty to file fresh Bail Application before the competent Court of Sessions at Samba, so that his plea for grant of bail is addressed on merits. 05. The bail application is disposed of, with liberty as prayed above. (M A CHOWDHARY) JUDGE JAMMU 10.07.2026 Raj Kumar Raj Kumar 2026.07.10 17:45 I attest to the accuracy and integrity of this document