2026:Jklhc-Sgr:94-Db vs Union Territory Of Jammu And Kashmir on 7 May, 2026

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    PER OSWAL-J

    1. This appeal has been filed against the judgment dated 20.02.2025

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    rendered by the Court of learned Special Judge (UAPA), Anantnag

    (hereinafter to be referred as „the trial court‟), whereby the application

    filed by the appellant for grant of bail in charge sheet arising out of FIR

    No. 102/2020 for offences punishable under Sections 307 IPC, 7/25
    2026:JKLHC-SGR:94-DB

    Arms Act and Sections 13, 18-B, 20, 23, 33 and 39 Unlawful Activities

    (Prevention) Act, 1967 (for short „the Act), has been rejected.

    2. It is stated that the appellant was arrested on 17.11.2021 pursuant to the

    statement made by the accused Hafiz Abdullah Malik and no

    incriminating material has been seized from the appellant. It is

    contended that the statement made by the accused-Hafiz Abdullah

    Malik during the Police custody is not valid in the eyes of law. It is also

    urged that out of 30 witnesses cited by the prosecution, only 13

    witnesses have been examined till date and the witnesses examined so

    far have not implicated the appellant in the commission of offences

    under sections 13 and 39 of the Act for which the appellant has been

    charged.



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