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2025 Supreme(Online)(J&K) 652

HIGH COURT OF JAMMU AND KASHMIR
SANJAY DHAR, J
SHAKIR-UL-HASSAN & ORS. – Appellant
Versus
UT OF J&K & another – Respondent


Advocates:
For the Appellants/Petitioners:Mr. Shafqat Nazir, Advocate, Mr. Shabir Ahmad, Advocate
For the Respondents: Mr. Ilyas Laway, GA-for R1, Mr. Mian Tufail, Adv-for R2

Table of Content
1. allegations of consensual relationship and subsequent exploitation are central. (Para 3 , 4 , 5 , 6)
2. respondent's claims of intimidation and monetary demands create pivotal context. (Para 9 , 10 , 11)
3. court recognizes need for investigation on consent validity and exploitation. (Para 12 , 13 , 14 , 15 , 18 , 19 , 20 , 21)
4. bail considerations hinge on protecting the integrity of ongoing investigations. (Para 28 , 31)
5. petition outcomes delineate the distinctions in culpability among petitioners. (Para 33)

JUDGMENT

1) By this common judgment above numbered two bail applications along with petition under Section 528 of BNSS are proposed to be disposed of.

2) Vide petition bearing CRM(M) No.216/2025, the petitioners/accused have thrown challenge to FIR No.83/2025 for offences under Section 69 and 351(3) of BNS registered with Police Station, Anantnag. Vide Bail App No.62/2025, petitioner/accused Shakir-ul-Islam has sought bail in anticipation of his arrest while as vide Bail App No.72/2025, petitioners Mohammad Ashraf Bhat and Javid Ahmad Bhat have sought bail in anticipation of their arrest in the aforesaid FIR.

(I) FACTS:

3) As per the allegations made in the imp

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