Srinagar: The High Court of Jammu & Kashmir and Ladakh has granted bail to a man accused under Section 109 of the Bharatiya Nyaya Sanhita (BNS), 2023, in connection with an alleged attempt-to-murder case registered at Police Station Nishat.
Justice Sanjay Parihar, while hearing the bail plea, took note of the rival versions surrounding the incident, the ongoing investigation and a long-standing dispute relating to family property.
The accused was arrested on August 31, 2026, in connection with the FIR registered at Police Station Nishat.
The trial court had initially granted interim bail to the accused. However, the interim relief was subsequently not extended after the court considered CCTV footage which prima facie indicated that the accused had pushed the injured person, who allegedly fell and suffered serious head injuries. The trial court also took note of the subsequent deterioration in the injured person’s condition.
Before the High Court, it was submitted that the statement of the injured had not yet been recorded, as he had been declared medically unfit.
The High Court also considered the statement of the injured’s wife, who was stated to be an eyewitness to the occurrence. According to her statement, an altercation took place involving her sons and husband, during which someone pushed her husband, causing him to fall and sustain a bleeding head injury.
The Court also considered the counter-version presented by the accused, including CCTV material concerning two masked persons who allegedly approached his residence.
The Investigating Officer informed the Court that a counter-FIR lodged at the instance of the accused was also under investigation.
Justice Parihar observed that although the allegation under Section 109 BNS was serious, the Court was required to consider the material collected during the investigation, the present stage of the investigation and whether further custodial detention of the accused was necessary.
The Court ultimately observed that “no useful purpose would be served by keeping the petitioner in further custody” and ordered his release on bail upon furnishing a surety bond of ₹1 lakh.
The bail has been made subject to conditions, including that the accused shall cooperate with the investigation and shall not intimidate, threaten, influence or harass any prosecution witness, including the injured.
The High Court further clarified that its observations were prima facie in nature and confined to consideration of the bail application, and would not prejudice the merits of the case during trial.
Advocate Hakim Ishtiaq Hussain, assisted by Advocate Tauseef Rasool Dar, appeared for the petitioner, while Senior Advocate S.F. Qadiri, assisted by Advocates Numan Zargar and Harris Khan, represented the respondent/UT.(KNC)
