HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Crl A(D) No. 34/2025 Mohd. Farid .....Applicant(s)/Petitioner(s) Through :- Mr. Lawanya Sharma, Advocate v/s UT of J&K and Another .....Respondent(s) Through :- Ms. Monika Kohli, Sr. AAG with Ms. Priyanka Bhat, Advocate CORAM: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE HON’BLE MR. JUSTICE MA CHOWDHARY, JUDGE ORDER 09.10.2026 Learned counsel for the appellant, after arguing for a while, seeks leave of this Court to withdraw this appeal with liberty to approach the trial Court by way of a fresh application. It is submitted that after filing of this appeal as many as eight witnesses have been examined and that has changed the position. Be that as it may, on the request made by learned counsel for the appellant, this appeal is permitted to be withdrawn. This appeal is, accordingly, dismissed as withdrawn with liberty as prayed for. We, however, make it clear that in case the appellant files a fresh application for bail, the same shall be considered by the trial Court on its merits without being influenced by any observations made in the impugned order. The trial Court shall, while disposing of such application, render its clear opinion as to whether the allegations against the appellant are prima facie true or not, on the basis of evidence on record. (MA Chowdhary) (Sanjeev Kumar) Judge Judge JAMMU 09.10.2026 Manik Sr. No. 03