KHALID HUSSAIN Vs. UT OF J&K

JUDGEMENT

(1.) This application for bail in anticipation of their arrest is filed by eight persons named in FIR No. 250/2023 registered with Police Station Surankote, Poonch on 15/8/2023 for commission of offences under Sec. 307, 147, 323 IPC. Out of eight applicants, seven have already been enlarged on interim anticipatory bail by this Court vide order dtd. 6/10/2023.

(2.) When the case was taken up, the Investigating Officer along with case diaries appeared. Mr. Muzaffar Iqbal Khan, learned counsel appearing for the applicants submitted that in view of the evidence collected by the Investigating officer during the investigation, the involvement of applicant No.1, Khalid Hussain, who has yet not been enlarged on bail, has not been substantiated nor the offence under Sec. 307 is made out. He, therefore, prayed for grant of anticipatory bail to all the applicants including the applicant No.1- Khalid Hussain.

(3.) Mr. P. D. Singh, learned Dy. A.G, appearing for the Union Territory of Jammu and Kashmir and Mr. S.S.Ahmed, learned counsel appearing for the complainant oppose the grant of bail on the ground that applicants have not indicated any special or exceptional circumstances for approaching under Sec. 438 of Cr.P.C directly to this Court without first exhausting the remedy before the Court of learned Sessions Judge Poonch.