Jammu & Kashmir High Court
Sabeel Ahmad Baba vs Ut Of J&K & Anr on 22 May, 2026
Author: Rahul Bharti
Bench: Rahul Bharti
Regular cause list
Serial No. 4
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Case:- Bail App No. 370/2025
Sabeel Ahmad Baba
.....Petitioner
Through: Mr. Shivan Mahajan, Advocate
Vs
UT of J&K & Anr.
.....Respondent(s)
Through: Ms. Nazia Fazal, Advocate vice
Mrs. Monika Kohli, Sr. AAG
Coram: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE
ORDER
(22.05.2026)
1. During the course of submissions of this case, one very
striking aspect of the case, from which this Court is not able to
distance itself from taking serious cognizance, is the fact that the
registration of FIR No. 0061 of 2019 dated 12.09.2019 by the
Police Station, Lakhanpur at 8:30 am had taken place first and the
alleged commission of offences took place at 9:45 am when truck
No. JK-13E/2000 driven by a person who later on came to be
identified as Sabeel Ahmad Baba, the petitioner herein, was
intercepted by the Police of Police Station, Lakhanpur wherefrom
the alleged recovery of arms in the form of 04 Nos. of AK-56 rifles,
02 Nos. of AK-47 rifles, 06 Nos. of loaded magazines with 30
rounds each came to be made at the time of said search of the truck
No. JK-13E/2000.
Bail App No. 370/2025
2
2. The petitioner, as being driver and two others namely,
Ubaid-ul-Islam, who was sitting along with Jahangir Ahmad Parray-
conductor, were found to be ones commuting in said truck and
taken into custody as accused persons, later on to be joined in the
course of investigation by two more accused persons, namely,
Bashir Ahmad Lone and Suhail Ahmad Dar.
3. Accused No. 6 is a person named Ashiq Ahmad Nengroo
alias Ashiq Molvi.
4. On the basis of the investigation conducted, final police
report No. 18 of 2020 dated 08.03.2020 came to be presented by
SHO Police Station, Lakhanpur, acted through its Dy. SP- Shri
Kamal Dev Bhagat.
5. The presentation of final police report thereby booking six
accused persons, five of whom came to be put up for trial with
accused No. 6 being absent, is for alleged commission of offences
under sections 120-B/201 of the Ranbir Penal Code (RPC) and for
sections 13/18/38/39 of the Unlawful Activities (Prevention) Act,
1967 read with section 7/25 of the Indian Arms Act, 1959.
6. The presentation of the challan was made by APP on
09.03.2020 before the Special Judge, TADA/NIA, Jammu.
7. The original FIR incidentally was not forming part of the
final police report to which aspect this Court came to address its
attention in terms of an order dated 11.05.2026 and solicited the
report from the learned 3rd Additional Sessions Judge (designated
court under section 22 of NIA Act), Jammu wherein the trial of the
case is going on.
Bail App No. 370/2025
3
8. The report dated 21.05.2026 has come to be submitted
wherein it is being mentioned that the challan was presented at the
residence of the Presiding Officer of the court because of Covid-19
restrictions.
9. From the record, it is forthcoming that the original FIR
No. 0061/2019 of Police Station, Lakhanpur (Kathua) was
submitted before the Chief Judicial Magistrate, Kathua which was
sent for by the court of 3rd Additional Sessions Judge (designating
Judge under NIA Act), Jammu in terms of an order dated
10.03.2020 but no original FIR No. 0061/2019 dated 12.09.2019
came to be received from the court of Chief Judicial Magistrate,
Kathua and instead a copy of FIR came to be procured from the
Prosecution to be annexed for the purpose of providing the
information to this Court.
10. The petitioner came to be arrested on 12.09.2019 itself
and so were his two co-accused, namely, Ubaid-ul-Islam and
Jahangir Ahmad Parray and continue to be in custody now
counting as judicial custody as undertrials, having approached this
Court for the purpose of seeking bail.
11. With respect to missing of original FIR and other salient
aspect of the investigation, this Court calls upon Ms. Nazia Fazal,
Assisting Counsel to Mrs. Monika Kohli, learned Sr. AAG to confirm
to this court the fact as to whether the Investigating Officer of the
case- Dy. SP- Shri Kamal Dev Bhagat is still in service or has
superannuated. In case, Dy. SP is still in service then let him
appear in person on next date of hearing.
Bail App No. 370/2025
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12. Mr. Shivan Mahajan, learned counsel for the petitioner is
requested by this Court to come up with a chronology of the
prosecution witnesses examined so far and also those prosecution
witnesses who are yet to be examined.
13. List in continuation on 05.06.2026.
(RAHUL BHARTI)
JUDGE
JAMMU
22.05.2026
Sneha
