MOHD. KHALIL Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) The accused-applicant Mohd. Khalil along with one Yousaf is facing trial for offence under Section 4/5/6 Explosive Substances Act. The accused Mohd. Khalil who has filed the present application for bail is in custody from 25.09.2019. The allegation against the accused is that explosive substance weighing about 15 kg was recovered during search from the store of the house of the accused. The co-accused Yousaf has been bailed out by the learned Principal Sessions Judge, Kathua vide order dated 23.06.2020. The application filed by the accused for bail stands dismissed vide order dated 17.12.2019.

(2.) The objections to the application have been filed wherein the bail of the accused is opposed on the ground that the explosive substance has been recovered from the accused and the offence is heinous in nature and there is every possibility that the accused may tamper with the prosecution evidence.

(3.) The learned counsel for the accused Mohd. Khalil has submitted that the accused has been falsely implicated in the case by Mushtaq Ahmed and Farooq Ahmed due to old rivalry. The court cannot make any comment on this argument of the learned counsel for the accused and it is for him to take such plea during the trial.