RAHIL AZIZ WANI Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) The applicant is seeking bail in charge-sheet titled 'State Vs. Rahil Aziz Wani and another' pending before the court of learned Special Court (Additional Sessions Court) Udhampur arising out of FIR No. 524/2019 dtd. 2/11/2019 on the ground that the son of the applicant is five years old, is suffering from 100 percent disability, as he is a chronic patient of Encephalitis and there is no one else in the house to look after him, as mother of the applicant is also old. It is also urged by the petitioner that out of twenty witnesses, 18 witnesses have been examined by the prosecution and in view of the statement made by the witnesses, no offence is made out against the applicant.

(2.) Respondents have filed response, stating therein that on 2/9/2019 the applicant was accompanying one Bilal Ahmed in a vehicle bearing registration No. JK01T-8754. The vehicle was being driven by Bilal Ahmed. The vehicle was searched and during search 15.515 kilograms of charas was recovered from the vehicle. The matter was investigated and after conclusion of the investigation, charge-sheet was filed against the applicant and the co-accused.

(3.) Mr. Sachin Sharma, learned counsel for the applicant submits that the son of the petitioner is 100 percent disabled, as such, presence of petitioner is required for proper treatment of his son.