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2025 Supreme(Online)(J&K) 1306

HIGH COURT OF JAMMU AND KASHMIR
UNION TERRITORY THROUGH POLICE STATION BARAMULLA (HOME) – Appellant
Versus
HILAL AHMAD WANI AND ANR. – Respondent


Regular Sr. No. 22 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CrlA(D) 3/2025 CrlM(77/2025) UT through P/S Baramulla (Home)

. . . Petitioner/appellant(s)

Through: Ms. Maha Majeed, Assisting Counsel Vs.

Hilal Ahmad Wani and another . . . Respondent(s)

Through: Mr. Shabir Ahmad Bhat, Advocate CORAM:

HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE HON’BLE MR. JUSTICE SANJAY PARIHAR, JUDGE

O R D E R

18/11/2025

1. By the present appeal, challenge is laid to order dated 24.07.2024 passed by the ld. Additional Sessions Judge, Baramulla (Special Judge under the ULA(P) Act) [hereinafter “the trial court”], whereby the respondents, who face accusations under Section 13 of the ULA(P) Act, Sections 148, 149, 188 and 336 IPC, and Section 3 of the Prevention of Public Property (Damage) Act, were enlarged on bail.

2. The impugned order is assailed on the ground that the trial court failed to appreciate the material on record, despite there being sufficient evidence connecting the respondents with the incident dated 03.02.2024. It is urged that the trial court committed a manifest error in releasing the respondents on bail, as the respondents, while being lodged in District Jail Baramulla, are alleged

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