Vikas Kumar Sharma vs Union Territory Of J&K on 2 April, 2026

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    Jammu & Kashmir High Court

    Vikas Kumar Sharma vs Union Territory Of J&K on 2 April, 2026

                                               Sr. No.2026:JKLHC-JMU:964
                                                       01
         HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                         AT JAMMU
    
                          Case:- Bail App. No. 197/2025
                                       c/w
                                CRM(M) No. 656/2025
    
                                           Date of Pronouncement: 02.04.2026
                                                Date of uploading: 04.04.2026
    
    Vikas Kumar Sharma
                                                                .... Petitioner(s)
    
                   Through:-      Mr. Ashish Sharma, Advocate.
    
                    V/s
    
    Union Territory of J&K
                                                             .....Respondent(s)
    
                   Through:-      Mr. Bhanu Jasrotia, GA.
    
    CORAM:     HON'BLE MR. JUSTICE SANJAY PARIHAR, JUDGE
    
                                   ORDER
    

    02.04.2026

    1. The petitioner, in terms of order dated 22.07.2025, had already been

    SPONSORED

    admitted to ad interim bail, which has been extended from time to

    time. Today, the Investigating Officer is present and has produced

    the Case-Diary. Perusal of the same reveals that the FSL report is

    still awaited and, owing to the stay of investigation granted by this

    Court, further investigation could not be carried out. It is, however,

    reported that the petitioner has joined the investigation from time to

    time and, after the grant of ad interim bail, his conduct has

    remained supportive.

    2. 2026:JKLHC-JMU:964
    In the aforesaid background, except for obtaining the FSL report,

    nothing further remains to be carried out in the investigation except

    filing of the charge-sheet.

    3. Accordingly, the bail application is allowed and the order of ad

    interim bail granted on 22.07.2025 is made absolute, subject to the

    conditions stipulated therein.

    4. The Bail Application stands disposed of accordingly and the Case-

    Diary is returned.

    5. The petitioner also seeks quashment of FIR No. 80/2025 dated

    21.06.2025 registered under Sections 8/21/22 NDPS Act, alleging

    false implication on account of political rivalry. It is pleaded that he

    was picked up from Hotel Tridev, Bagnoti, and later shown to have

    been in possession of 10 grams of heroin after planting of

    contraband, and that CCTV footage was suppressed to conceal

    illegal detention.

    6. Per contra, the respondents submit that during Naka checking near

    Radha Swami Satsang Ghar, Bagnoti, the petitioner, travelling in

    Alto car No. JK02DL-7776, attempted to flee and, upon

    apprehension, 10 grams of heroin were recovered from his

    possession. The investigation further indicates linkage with co-

    accused Salim Ali, supported by telephonic records, and the

    contraband has been duly seized and sent for forensic examination.

    7. Having heard learned counsel and perused the record, including the

    Case-Diary, this Court finds that the plea of false implication and

    planting of contraband raises disputed questions of fact which

    cannot be adjudicated in exercise of inherent jurisdiction. The

    Page 2 of 3 Bail App. No. 197/2025
    c/w
    CRM(M) No. 656/2025
    2026:JKLHC-JMU:964
    material collected during investigation prima facie discloses

    commission of offences under the NDPS Act. There is nothing on

    record to show that the prosecution case is ex facie false or an abuse

    of process.

    8. It is well settled that inherent powers are to be exercised sparingly

    and not to stifle legitimate prosecution. At this stage, the defence

    sought to be raised by the petitioner cannot be examined in detail.

    9. Accordingly, no case for quashment is made out and the petition is

    dismissed. Interim directions, if any, shall stand vacated. However,

    the investigating agency shall proceed strictly in accordance with

    law and consider any relevant material produced by the petitioner

    during investigation.

    10. Disposed of as such.

    (SANJAY PARIHAR)
    JUDGE
    JAMMU
    02.04.2026
    Nikhil

    Whether the order is speaking? Yes
    Whether the order is reportable? No

    Page 3 of 3 Bail App. No. 197/2025
    c/w
    CRM(M) No. 656/2025



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