MUHAMMAD AYOUB DAR Vs. UT OF J&K

JUDGEMENT

(1.) The petitioner has filed the instant application seeking bail in a case arising out of FIR No.125/1996 for offences under Sec. 302, 307, 325, 341, 34 RPC and 7/27 Arms Act registered with Police Station, Sumbal, which is stated to be pending before the Court of Principal Sessions Judge, Bandipora. According to the petitioner, he has served in Indian Army and has been falsely implicated in the aforesaid case. It has been submitted that there is no incriminating material against the petitioner and none of the witnesses has deposed anything incriminating against him. It has been also submitted that the respondents are protracting the trial which has added to the prejudice and agony of the petitioner.

(2.) The respondents have filed their objections in which it has been submitted that the charge sheet in the instant case was filed before the trial court on 25/9/2018 in the absence of the petitioner and he was declared as a proclaimed offender. It has been submitted that pursuant to the general warrant of arrest issued by the trial court, the petitioner was arrested and produced before the court below. It has been contended that the petitioner is involved in a serious offence relating to murder of seven persons. It has been further submitted that the trial of the case is yet to be completed and in case the petitioner is admitted to bail, he may influence the witnesses.

(3.) I have heard learned counsel for the parties and perused the material on record.