MOHAMMAD IQBAL WANI Vs. UT OF J&K

JUDGEMENT

(1.) The petitioner, through the medium of present petition, has invoked jurisdiction of this Court under Sec. 483 of BNSS seeking bail in a case arising out of FIR No.126/2025 for offences under Sec. 318(4), 351(2) and 111 of BNS registered with Police Station, Anantnag, which is stated to be pending before the Court of learned Principal Sessions Judge, Anantnag (hereinafter referred to as "the trial court").

(2.) Before coming to the grounds on which the petitioner has sought bail, it would be apt to briefly narrate the facts leading to the filing of the charge sheet before the learned trial court.

(3.) On 13/6/2025, Police Station, Anantnag, received a written complaint submitted by one Tilak Raj, in which he alleged that he happens to be the husband of Sapna Devi, the licence holder of NTPF Forest Division, Kishtwar, regarding sale and purchase of herbal material. According to the complainant, the petitioner along with co-accused Tasaduq Hussain Dar and Mujeeb Ahmad Koka, entered into an agreement with the proprietor, namely, Sapna Devi, in the month of September, 2024, for selling Garlic (Lahsun) and received an amount of Rs.1,78,000.00 as advance from the complainant against which they agreed to sell the material to the complainant withing a period of two days. However, the petitioner and the co-accused did not deliver the material to the complainant and demanded extra payment, whereafter the complainant paid a sum of Rs.56.00 lakhs to the accused. The complainant approached the accused persons time and again but they did not deliver the material and ultimately the accused persons refused to deliver the material or to return the money which compelled the complainant to approach the police.