Jammu & Kashmir High Court – Srinagar Bench
Danish Nazir Malla vs Union Territory Through Womens Police … on 30 April, 2025
Author: Sanjay Dhar
Bench: Sanjay Dhar
142
Supplementary
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
Bail App No. 58/2025
Danish Nazir Malla ..... Petitioner (s)
Through: Mr. Waseem Shamas, Adv.
V/s
Union Territory through Womens Police Station Ram Bagh
..... Respondent(s)
Through:
Coram:
Hon'ble Mr. Justice Sanjay Dhar, Judge
ORDER
30.04.2025
1. The petitioner has invoked jurisdiction of this Court under
Section 482 of BNSS seeking bail in anticipation of his arrest in
FIR No. 29/2024 for offences under Sections 498 A, 406, 501
IPC registered with Womens Police Station, Rambagh, Srinagar
2. Learned counsel for the petitioner has submitted that the
petitioner has been falsely implicated in the FIR. It has been
further submitted that a perusal of the contents of the FIR would
reveal that there is hardly any specific allegation levelled by the
complainant against the petitioner that would constitute offences
under Sections 498 A, 406, 506 IPC. The learned counsel has
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Bail App No. 58/2025
further submitted that the FIR has been registered long back and
the petitioner is cooperating with the investigating agency. He
has submitted that due to some miscommunication between the
petitioner and his counsel, the filing of the first Bail application
which was rejected by the learned 1st Additional Sessions Judge,
Srinagar, could not be brought to the notice of the learned 2 nd
Additional Sessions Judge, Srinagar who had rejected the bail
application on the ground of suppression of facts.
3. Having heard learned counsel for the petitioner and having
perused the material on record, a case for grant of interim
indulgence is made out.
4. Issue notice to the respondent.
5. Notice be sent to the respondent through Ms. Maha Majeed,
Advocate appearing vice Mr. Mohsin Qadiri, learned Sr. AAG.
Learned counsel for the petitioner shall furnish a copy of the
petition to Ms. Maha Majeed, Advocate who may file her
response by next date of hearing.
6. Till next date of hearing and subject to objections of other-
side, it is provided that in the event of arrest of the petitioner
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Bail App No. 58/2025
in the aforesaid FIR, he shall be released on interim
anticipatory bail, subject to the following conditions:
i. That he shall furnish personal bond with a
surety bond in the amount of Rs. 25,000/-
each to the satisfaction of the Investigating
Officer.
ii. That he shall co-operate with the
investigating agency.
iii. That he shall not try to tamper with the
prosecution evidence in any manner
whatsoever.
iv. That he shall not leave the Union Territory
without prior permission of the Investigating
Officer.
7. List on 02.07.2025.
(Sanjay Dhar)
Judge
SRINAGAR
30.04.2025
Aasif
