Jammu & Kashmir High Court – Srinagar Bench
Gulzar Ahmad Allaie Th.His Wife vs Union Territory Of J And K Th.S.H.O P/S … on 14 July, 2026
Author: Sanjay Dhar
Bench: Sanjay Dhar
7
Regular
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
Bail App 66/2026 CrlM(544/2026)
GULZAR AHMAD ALLAIE TH.HIS WIFE
..... Petitioner(s)
Through: Mr. Suhail Ahmad Shah,
Advocate.
V/s
UNION TERRITORY OF J AND K TH.S.H.O P/S YARIPORA
..... Respondent(s)
Through: Mr. Numan Malik, GA.
Coram:
Hon'ble Mr. Justice Sanjay Dhar, Judge
ORDER
14.07.2026
1. Heard learned counsel for the parties and perused the
record.
2. It appears that the petitioner is involved in a case arising
out of FIR No. 71/2021 for offences under Section 8/20
of NDPS Act and he is facing trial in the said offence
before the court of learned Principal Sessions Judge,
Kulgam. It also appears that during the pendency of the
charge sheet, the petitioner was enlarged on bail by the
learned trial court in terms of order dated 22.12.2021
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Bail App 66/2026
CrlM(544/2026)
subject to several conditions including the condition that
the petitioner shall not indulge in subversive activities or
repeat any such offence.
3. The record shows that the petitioner was again booked in
FIR No. 36/2024 for offence under Section 8/20 of
NDPS Act registered with Police Station Qaimoh. When
this fact was brought to the notice of the learned trial court
by the prosecution by filing an application for cancellation
of bail, the learned trial court passed order dated
23.03.2025 whereby bail granted to the petitioner was
cancelled. The petitioner has not assailed the said order
but has approached this Court directly for grant of bail.
4. The order whereby bail of the petitioner has been
cancelled, appears to be well founded because the
condition on which the petitioner was granted bail has
been violated inasmuch as he is alleged to have indulged
in an offence under NDPS Act. The petitioner, it seems,
after cancellation of the bail has been in custody for more
than one year. Therefore, during the interregnum, there
must have been substantial progress in the trial of the case.
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Bail App 66/2026
CrlM(544/2026)
Therefore, the petitioner may do well to again file
application for grant of bail before the trial court in view
of the changed circumstances.
5. Accordingly, the petition is disposed of with liberty to the
petitioner to approach the trial court with an application
for grant of bail on fresh grounds in view of the changed
circumstances. As and when such an application is made
by the petitioner before the learned trial court, the same
shall be disposed of by the said court most expeditiously
preferably within one month.
6. Disposed of as above.
(Sanjay Dhar)
Judge
SRINAGAR
14.07.2026
Aasif
