MIAN ABDUL QAYOOM Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) The appellant besides challenging the order passed by the learned 3rd Additional Sessions Judge, Jammu, Designated Court under Sec. 22 NIA Act [the trial Court] on Sept. 27, 2025 in application titled, Mian Abdul Qayoom Vs. UT of J&K, whereby and whereunder, the trial Court has rejected the bail

(2.) For the limited purpose of deciding the present appeal, the prosecution case in brief, is that on the basis of an information received at Police Station, Lal Bazar on Sept. 24, 2020, that Mr. Babar Qadri, Advocate has been shot at by unknown terrorists, a case being FIR No. 62/2020 under Sec. 307 IPC, 7/27 Arms Act, 16/18 UA(P) Act came to be registered and investigation commenced. Meanwhile, Mr. Babar Qadri, Advocate, has succumbed to the bullet injuries, therefore, initially, 06 accused, one of whom died, were arraigned, except the appellant and thus on culmination of investigation, a final police report was laid before the Special Judge Designated under NIA Act, Srinagar on May 5, 2021 for commission of offences under Ss. 16/18/20/39 UA(P) Act, Sec. 302 IPC and 7/27 Arms Act.

(3.) It is equally noteworthy that on the basis of an application for further investigation moved by the father of the deceased, Babar Qadri, Advocate, on July 20, 2023, the investigation of the case was also transferred from the State Police to State Investigation Agency (SIA) and SIT was constituted however, as the complicity of appellant alleged to have been surfaced, therefore, notices under Sec. 41-A Cr.PC were served and formally appellant came to be arrested on June 25, 2024.