Jammu & Kashmir High Court
Mohd. Nadeem Samyal vs Ut Of J&K on 6 April, 2026
Author: Rahul Bharti
Bench: Rahul Bharti
Serial No. 160
Supplementary List-1
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Bail App. No. 60/2026
Mohd. Nadeem Samyal
.....Petitioner
Through: Mr. M.A. Goni, Sr. Advocate with
Mr. S. Tanzeel Illahi, Advocate
Vs
UT of J&K
.....Respondent
Through:
CORAM: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE
ORDER
(06.04.2026)
01. By virtue of an order dated 06.06.2025 in a Bail Application
No. 123/2024, this Court had come to grant an interim bail
for a period of 30 (thirty) days for enabling the petitioner for
his medical examination at his own expense and efforts and
then leaving it for the trial court to take a call for grant or
extension of bail on medical grounds.
02. The petitioner, accordingly, upon expiry of interim bail
period asked for extension of the bail on medical grounds
from the court of Additional Sessions Judge, (Special Judge
Under NDPS Act), Udhampur, by filing an application on
file No. 173/2025 on 04.07.2025 which has come to be
disposed of in terms of an order dated 31.03.2026 whereby
the learned trial Court has reckoned the reported facts and
circumstances not warranting grant of bail on medical
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grounds to the petitioner by purportedly referring to the
statement of a specialist Doctor to the effect that the
medical treatment being admitted to the petitioner is
admissible at OPD whenever required.
03. By virtue of said order dated 31.03.2026, the petitioner
has been directed to surrender himself as an undertrial
before the Superintendent District Jail, Udhampur within a
period of one week.
04. The petitioner, thus, comes within available said period of
one week still lasting, invoking jurisdiction of this Court
under Section 483 of Bharatiya Nagarik Suraksha Sanhita,
(BNSS) 2023, claiming the bail or in other sense extension
of bail on medical grounds by reference to FIR No.
167/2023.
05. During the pendency of the bail application before the trial
court, the petitioner is said to have been regularly attending
the hearings of the criminal case without skipping any date
of proceedings.
06. Issue notice to the respondent.
07. Mr. Sumeet Bhatia, learned Government Advocate accepts
notice on behalf of the respondent. Reply to be filed within
a period of two weeks.
08. List on 21.04.2026.
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09. Send for the scanned record of file No. 173/2025 titled
“Mohd. Nadeem Samyal Vs. UT of J&K through Police
Station, Chenani, Udhampur”, from the court of
Additional Sessions Judge, (Special Judge Under NDPS
Act), Udhampur.
10. In the meantime, the petitioner is admitted to interim bail
till next date of hearing subject to the following terms and
conditions :-
I. that the petitioner shall not absent himself from
causing personal appearance in the case before the
court below on the date/s fixed ;
II. that the petitioner shall not leave the UT of J&K
without prior permission of the trial court even for the
sake of seeking medical treatment ;
III. That the petitioner shall not in any manner attempt to
influence prosecution witnesses, whether examined in
the case or yet to be examined ; andIV. that the petitioner to furnish personal as well as
surety bond of an amount of Rs. 1 Lac each before the
Registrar Judicial, Jammu.
(RAHUL BHARTI)
JUDGE
JAMMU
06.04.2026
SUNIL