Bail App No.90/2023

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IN THE HIGH COURT OF JAMMU & KASHMIR AND

LADAKH AT SRINAGAR

Reserved on: 08.11.2023

Pronounced on: 17.11.2023

Bail App No.90/2023

SAJAD AHMAD SANGU

…PETITIONER(S)

Through: Mr. N. A. Tabasum, Advocate

Vs.

UT of J&K

….RESPONDENT(S)

Through: Mr. Zahid Qais Noor, GA.

CORAM:HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE

(JUDGMENT)

1)

The petitioner is seeking bail in a case arising out of FIR No.62 of

2023 for offence under Section 306 of IPC registered with Police Station,

Ganderbal.

2)

Briefly stated, case of the prosecution is that on 19.03.2023, the

police received an information that the victim girl has tried to commit

suicide by consuming some poisonous substance. On the basis of this

information, FIR No.62 of 2023 for offence under Section 309 IPC was

registered and investigation was set into motion. During investigation of

the case, the victim girl breathed her last on 20.03.2023 in SKIMS, Soura.

Thus, offence under Section 306 IPC was substituted in place of offence

under Section 309 IPC. The police proceeded to record the statements of

the witnesses under Section 161 and 164 of Cr. P. C. The postmortem of

the dead body of the deceased was conducted and opinion of the doctors

was obtained, according to which the death of the deceased girl had taken

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place due to poisoning. The police, during investigation of the case, found

that the deceased girl was being blackmailed by the accused/petitioner

herein as he was threatening to upload her photographs on social media. It

is for this reason that the deceased consumed poisonous substance and

ended her life. Thus, offence under Section 306 IPC has been found

established against the petitioner and co-accused. The petitioner was

arrested on 19.03.2023 and the challan was laid before the trial court and

the trial is stated to be going on.

3)

In the instant petition, it has been submitted that the petitioner has

been involved in a false and fabricated case. It has been further submitted

that the prosecution has failed to produce the mobile data and FSL report

with regard to seized mobile phones of the petitioner and the deceased girl

along with the charge sheet. Therefore, there is no material on record of the

trial court to implicate the petitioner. It has been contended that the

investigation of the case has been completed and the challan has been

produced on 3^rd May, 2023, therefore, keeping the petitioner in custody

would not serve any purpose, particularly when he is not alleged to have

committed any offence which is punishable with life imprisonment or death

sentence. Lastly, it has been submitted that the petitioner is ready to abide

by any condition that may be imposed upon him in case bail is granted in

his favour.

4)

The respondent-Union Territory has contested the bail application by

stating that the petitioner has not made out any exceptional case so as to

entitle him to the grant of bail. It has been submitted that the petitioner is

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involved in a serious offence carrying severe punishment, therefore, he

should not be enlarged on bail. It has been further contended that the

prosecution witnesses are yet to be examined and in case the petitioner is

enlarged on bail, he may tamper with the prosecution witnesses. It has been

submitted that the cell phones of the petitioner and the deceased have been

sent for FSL examination but the report is still awaited. According to the

respondent, there is enough material on record of the charge sheet to show

the involvement of the petitioner in the alleged crime. It is further

contended that the petitioner moved a bail application before the Court of

Principal Sessions Judge, Ganderbal, which has been dismissed and that

there is no change of circumstances after the dismissal of the said bail

application.

5)

I have heard learned counsel for