Bail Application

Before the Hon’ble Court Of Principal Sessions Judge At Bandipora
In the case of:-
UT of J&K Showket Ahmad Pehloo

Through SHO P/S Sumbal Bandipora V/S S/o Gh Nabi Pehloo
FIR 161/2024 R/o Saderkoot Bala Bandipora
U/S 3, 4, 5, 6 Immoral Trafficking Act (Petitioner/Accused)
15 POCSO Act
In the matter of:

Bail Application seeking the enlargement of bail of the
above named accused.
May it please your Hon’our:

Petitioner/applicant most humbly submits as under:
1. That the petitioner is the bonafide resident of District Bandipora and has the right to
invoke the jurisdiction of this Hon’ble Court in his favor for the redressel of his
grievances.
2. That the accused was arrested by police station Sumbal Bandipora on 11-09-2024 in
FIR 161/2024 U/S 3, 4, 5, 6 Immoral Trafficking Act, 15 POCSO Act, however it is
necessary to mention here that the petitioner/accused had never indulged in any criminal
activity but the accused above named has been involved in the aforementioned FIR on the
basis of personal gudges by some person in the locality, as such the accused is not
involved in the above said charges levied against the accused namely Showket Ahmad
Pehloo.
3. That the petitioners had approached with a bail application before the Honble court of
Chief Judicial Magistrate prior to this bail application and were forwaded to concerned
Police Station for report and after filling the police report before The Honble court of
Chief Judicial Magistrate Bandipora, the said bail application was dismissed for want of
jurisdiction, as the said Ld. Court has no jurisdiction to entertain the bail application in
any special offence, as such this Honble Court is enough powered to adjudicate upon the
instant bail application. Certified copy of the report is annexed here with this bail
application for kind perusal of this Honble Court which may kindly be considered for the
grant of bail in favor of the above named petitioner.
4. That the challan of the petitioner has not been presented till date and as per police
report the investigation of the said case is almost complete.
5. That the petitioner is the only bread earner to his family and to put him behind bars
will create problems to his family, as they may face starvation, if the accused will not be
released on bail.
6. That the petitioner is law abiding citizen and has never indulged in the commission of
any offence directly or indirectly nor any FIR is being registered in the name of the
petitioner till date in any police station.
7.That in order to defame the petitioner & put stigma mark on the status of the petitioner,
the petitioner has been booked in fake FIR and the petitioner is sure that he will succeed
to prove his innocence during trial before this Honble Court.
8. That the petitioner is highly innocent & is believed to be so till the guilt of the accused
is not established beyond reasonable doubt and also to keep the petitioner behind bars at
this stage of case will curtial and violated the fundamental rights of the petitioner.
9. That the dictum of law is bail not jail and that the petitioner has to be given a chance to
prepare his defense which can be done only when he is enlarged on bail.
10. That the petitioner will not leave the Jurisdiction of this Hon’ble court without prior
permission of this court and further will nor temper any evidence of the case and will
ensure his presence on day to day hearing before gbis Honble Court as and when
directed.
11. That the petitioner is ready to abide by any condition if any laid down by this Hon’ble
court,
12. That the bail cannot be with held as the prosecutions wants it. Further bail cannot be
with held on the reason that the presence of the petitioner is required during the trial.
13. That the personal liberty guaranteed under Article 21 is more precious and is to be
given more weightage and preference.
14. That the petitioner will be present during the trial and will be ready to prove his
innocence during the course of trial.
15. That the petitioner has deep roots and as such does not possess the golden wings to
flee /abscond from the Jurisdiction of this Hon’ble Court as such there is no risk of his
non-appearance and to face the judgment.
16. That to allow the bail is rule and its refusal is an exception as liberty is precious and
guaranteed by the constitution which cannot be curtailed unless warranted under law and
the circumstances of the case that too in view of the character of the evidence collected
by the Police during investigation which is highly of partisan and of interested character.
17. That the present trend of the Hon’ble apex court and the Hon’ble High courts is bail
and not jail as the principle of law is that the bail cannot be withheld as a matter of
punishment as the dictum of law is that the accused is presumed to be innocent till his
guilty is proved beyond any reasonable doubt.
18. That in view of the above submissions, discretions applied by the relevant courts for
justice MEAN SOUND DESCRETIONS GUIDED BY the law and governed by the rule
within the ambit of principles of natural justice.
19. That the other points will be taken up at the time of arguments.
In the premises therefore it is prayed that the above named petitioner may be
enlarged on bail, as the same shall be in the interest of Justice.
Petitioner through Counsel

Before the Hon’ble Court Of Principal Sessions Judge At Bandipora
In the case of:-
UT of J&K Naveed Fayaz Malla

Through SHO P/S Bandipora V/S S/o Fayaz Ahmad Malla
R/o Aaythmulla Bandipora
(Petitioner/Accused)
In the matter of:

Successive bail Application seeking the enlargement of bail of the
above named accused.

Petitioner/applicant most humbly submits as under:
1. That the petitioner is the bonafide resident of District Bandipora and has the right to
grievances.
2. That the accused was arrested by police station Bandipora on 03-08-2024 in FIR
No.171/2024 Under Section 8/22, 29 NDPS Act, with the seized capsules of 184
Capsules I,e.70.84 grams, the factual of the case is the accused is not involved in any
offence but the accused No.2 had asked the friendly lift to the accused No.1 and under
good faith the accused above named had given lift to the accused No. 2 without knowing
the fact that he is carrying drugs and was unaware about the fact that the accused No.2 is
habitual offender, as such the accused No.1 is not involved in the above said charges
levied against the accused namely Naveed Fayaz Malla.
3. That the petitioner had approached before this Honble court prior to this application
and same has been rejected on with the finding "In the facts and circumstances of the
case I am of the considered opinion that this is a fit case for invoking exception to the
general rule. The personal liberty guaranteed to the accused persons are undoubtedly
their valuable right, guaranteed under Article 21 of the an Constitution but same can be
refused to them in accordance with the procedure established under law, The right of
liberty of individual needs to be balanced against the interests of whole society and the
interests of society are to be preferred over the individual interest. The facts involved in
the case prompts merits refuse to exercise discretion for granting bail in favour of
accused persons. Thus, keeping in mind the discussion as made above, I am of the
opinion that the bail cannot be granted to the accused persons and their applications
merits dismissal. Accordingly applications for grant of bail filed on behalf of accused
persons is rejected. Needless to mention that the accused /applicants herein are not
precluded to apply for fresh bail at a later stage when in the opinion of the applicants
circumstances exist entitling the applicants for making such fresh application. The
applications are disposed off in terms of the above, and the same be consigned to records
after its due compilation"
3. That the challan of the petitioner has been presented today on 28-09-2024 and same is
pending before this Honble Court, as such the petitioner deserves the condition of bail as
the investigation period has been completed and there is no chance to hamper and temper
with the prosecution evidence at this stage of case by the petitioner. However it is
necessary to mention here that the circumstances to present the case has been changed as
the challan has been presnted stands presnted before this Honble Court, as the petitioner
has right to get bail at this stage of case.
4. That the petitioner is law abiding citizen and has never indulged in the commission of
any offence directly or indirectly nor any FIR is being registered in the name of the
petitioner till date in any police station.
5.That in order to defame the petitioner & put stigma mark on the status of the petitioner,
the petitioner has been booked in fake FIR and the petitioner is sure that he will succeed
to prove his innocence during trial before this Honble Court.
6. That the petitioner is highly innocent & is believed to be so till the guilt of the accused
is not established beyond reasonable doubt and also to keep the petitioner behind bars at
this stage of case will curtial and violated the fundamental rights of the petitioner.
7. That the dictum of law is bail not jail and that the petitioner has to be given a chance to
prepare his defense which can be done only when he is enlarged on bail.
8. That the petitioner will not leave the Jurisdiction of this Hon’ble court without prior
permission of this court and further will nor temper any evidence of the case and will
ensure his presence on day to day hearing before gbis Honble Court as and when
directed.
9. That the petitioner is ready to abide by any condition if any laid down by this Hon’ble
court,
10. That the bail cannot be with held as the prosecutions wants it. Further bail cannot be
with held on the reason that the presence of the petitioner is required during the trial.
11. That the personal liberty guaranteed under Article 21 is more precious and is to be
given more weightage and preference.
13. That the petitioner has deep roots and as such does not possess the golden wings to
flee /abscond from the Jurisdiction of this Hon’ble Court as such there is no risk of his
non-appearance and to face the judgment.
14. That to allow the bail is rule and its refusal is an exception as liberty is precious and
guaranteed by the constitution which cannot be curtailed unless warranted under law and
the circumstances of the case that too in view of the character of the evidence collected
by the Police during investigation which is highly of partisan and of interested character.
15. That the present trend of the Hon’ble apex court and the Hon’ble High courts is bail
and not jail as the principle of law is that the bail cannot be withheld as a matter of
punishment as the dictum of law is that the accused is presumed to be innocent till his
guilty is proved beyond any reasonable doubt.
16. That in view of the above submissions, discretions applied by the relevant courts for
justice MEAN SOUND DESCRETIONS GUIDED BY the law and governed by the rule
within the ambit of principles of natural justice.
In the premises therefore it is prayed that the above named petitioner may be
enlarged on bail, as the same shall be in the interest of Justice.

Before the Hon’ble Court Of Judicial Magistrate At Bandipora
In the case of:
State Though V/s Tanveer Ahmad Parray

SHO P/S Bandipora S/o Mohd Yousuf Parray
R/o Sangri Colony
Bandipora
In the matter of:

An Application seeking the enlargement of bail of the above named
accused, after calling of police report from P/S Bandipora
Petitioner most humbly submits as under:
1. That the petitioner is the bonafide resident of Baramulla and has the right to
grievances.
2. That the accused was arrested by police station Baramulla for the reasons best
known to the concerned authorities on 27-07-12.
3. That the petitioner is law abiding citizen and has never indulged in the
commission of any offence directly or indirectly.
4. That the complainant without any reason or sound evidence has lodged one FIR
against the above named petitioner in P/S Baramulla in order to defame the
petitioner & put stigma mark on the status of the petitioner.
5. That the petitioner is highly innocent & is believed to be so till the guilt of the
accused is not established beyond reasonable doubt.
6. That the dictum of law is bail not jail and that the petitioner has to be given a
chance to prepare his defense which can be done only when he is enlarged on bail.
7. That the petitioner will not leave the Jurisdiction of this Hon’ble court without
prior permission of this court and further will nor temper any evidence of the
case.
8. That the petitioner is ready to abide by any condition if any laid down by this
Hon’ble court,
9. That the bail cannot be with held as the prosecutions wants it. Further bail cannot
be with held on the reason that the presence of the petitioner is required during the
trial.
10. That the personal liberty guaranteed under Article 21 is more precious and is to
be given more weightage and preference.
12. That the petitioner has deep roots and as such does not possess the golden wings
to flee /abscond from the Jurisdiction of this Hon’ble Court as such there is no
risk of his non-appearance and to face the judgment.
13. That to allow the bail is rule and its refusal is an exception as liberty is precious
and guaranteed by the constitution which cannot be curtailed unless warranted
under law and the circumstances of the case that too in view of the character of
the evidence collected by the Police during investigation which is highly of
partisan and of interested character.
14. That the present trend of the Hon’ble apex court and the Hon’ble High courts is
bail and not jail as the principle of law is that the bail cannot be withheld as a
matter of punishment as the dictum of law is that the accused is presumed to be
innocent till his guilty is proved beyond any reasonable doubt.
15. That in view of the above submissions, discretions applied by the relevant courts
for justice MEAN SOUND DESCRETIONS GUIDED BY the law and governed
by the rule within the ambit of principles of natural justice.
In the premises therefore it is prayed that the above named petitioner

may be enlarged on bail after calling of report from P/S Baramulla as the
same shall be in the interest of Justice.

Place: Baramulla
Dated: 30/07/2012
Before the Hon’ble Court of Sessions Judge at Bandipora
In the case of:
Ishfaq Ahmad Dar State Though

S/o Abdul Rahim Dar V/s SHO P/S Hajin
R/o Saderkoot Bala
Bandipora
In the matter of:

accused.
17. That the petitioner is the bonafide resident of Sadrekoot Bandipora and has the
right to invoke the jurisdiction of this Hon’ble Court in his favor for the redressel
of his grievances.
18. That the accused was arrested by police station Hajin for the reasons best known
to the concerned authorities on 07-07-14.
against the above named petitioner in P/S Hajin in order to defame the petitioner
& put stigma mark on the status of the petitioner.
case.
Hon’ble court,
trial.
be given more weight-age and preference.

may be enlarged on bail as the same shall be in the interest of Justice.

Dated: 10/07/2014
In the case of:
Mohd Shafi Sheikh State Though

S/o Ghulam Ahmad Sheikh V/s SHO P/S Bandipora
R/o Ashtangoo Bandipora FIR No.21/1995
In the matter of:

An Application seeking the enlargement of fresh bail of the above
named accused against the warrant issued under Section 512 Cr.PC on
08-04-2010.

30. That the petitioner is the bonafide resident of Ashtangoo Bandipora and has the
right to invoke the jurisdiction of this Hon’ble Court in his favor for the redressel
of his grievances.
31. That the petitioner is sole bread earner to his family as the applicant is law
abiding citizen will never misuse the provisions of bail.
32. that he applicant was already enlarged on bail by the Hon’ble Court but one of
the co-accused misled the applicant that the applicant has been acquitted by this
Hon’ble Court due to which the applicant didn’t make his presence before this
Hon’ble Court on day to day hearings of the case, meanwhile this Hon’ble Court
was pleased to initiate proceedings U/S 512 Cr.PC.
33. That the non-appearance of the applicant was neither intentional nor deliberate
and the applicant was under misconception that he was acquitted by this Hon’ble
Court.
prior permission of this court.
Hon’ble court,
8. That the applicant cane to know by some persons that he has been booked under
section 512 Cr. PC and the applicant at the very moment came before this
Hon’ble Court for his surrender and redressal his grievances.
to flee /abscond from the Jurisdicti
11. ‘on of this Hon’ble Court as such there is no risk of his non-appearance and to
face the judgment.

may be enlarged on surrender bail as the same shall be in the interest of
Justice.

Dated: 23/04/2015
Affidavit
I, Mohd Shafi Sheikh S/o Ghulam Ahmad Sheikh R/o Ashtangoo Bandipora
Tehsil & Distt. Bandipora do hereby solemnly declare on oath as under:-
1. That I am the applicant in the above captioned bail application.

2. That the contents mentioned in the application are true and correct to the best of
my knowledge and belief and nothing has been concealed therein.
Deponent
Verification:-
Verified that the above mentioned particulars are true to the best of my
knowledge and belief and nothing has been concealed herein.
Deponent
Affidavit
I, Mohd Ramzan Ganiee S/o Abdul Razaq Ganiee R/o Qazipora Putshay Tehsil &
Distt. Bandipora do hereby solemnly declare on oath as under:-

Deponent
Verification:-
Deponent
In the case of:

Ghulam Nabi Mir State Though
S/o Gh. Mohd Mir V/s SHO P/S Sumbal
R/o wangipora Bala
Sumbal bpr.
Petitioner through
Ab. Gani Mir
S/o Gh. Mohd Mir
R/o o wangipora Bala
Sumbal bpr
In the matter of:

accused.
That the petitioner is the bonafide resident of wangipora Bala Sumbal bpr and has the
right to invoke the jurisdiction of this Hon’ble Court in his favor for the redressel of his
grievances.
38. That the accused was arrested by police station Sumbal for the reasons best
known to the concerned authorities.
against the above named petitioner in P/S Sumbal in order to defame the
case.
Hon’ble court,
trial.
be given more weight-age and preference.

may be enlarged on bail as the same shall be in the interest of Justice.

Dated: 07/05/2015
Before the Hon’ble Court Of Special Judge at Bandipora
In the case of:
Mudasir Rashid V/s State Though

S/o Ab Rashid Dar SHO P/S Bandipora
R/o Badam-bagh Sopore
In the matter of:

accused, after calling of police report from P/S Bandipora
50. That the petitioner is the bonafide resident of Sopore Baramulla and has the right
to invoke the jurisdiction of this Hon’ble Court in his favor for the redressel of his
grievances.
51. That the accused was arrested by police station Bandipora for the reasons best
known to the concerned authorities on 19-05-15.
against the above named petitioner in P/S Bandipora in order to defame the
case.
Hon’ble court,
trial.
be given more weightage and preference.
62. That to allow the bail is rule and its refusal is an exception as liberty is precious
and guaranteed by the constitution which cannot be curtailed unless warranted
under law and the circumstances of the case that too in view of the character of
the evidence collected by the Police during investigation which is highly of
partisan and of interested character.
63. That the present trend of the Hon’ble apex court and the Hon’ble High courts is
bail and not jail as the principle of law is that the bail cannot be withheld as a
matter of punishment as the dictum of law is that the accused is presumed to be
innocent till his guilty is proved beyond any reasonable doubt.
64. That in view of the above submissions, discretions applied by the relevant courts
for justice MEAN SOUND DESCRETIONS GUIDED BY the law and governed
by the rule within the ambit of principles of natural justice.

may be enlarged on bail after calling of report from P/S Bandipora as the
same shall be in the interest of Justice.

Dated: 20/05/2015
Affidavit
I, Mudasir Rashid S/o Ab Rashid Dar R/o Badam-bagh Sopore do hereby solemnly
declare on oath as under:-

Deponent
Verification:-
Deponent

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Before the Hon’ble Court Of Principal Sessions Judge At Bandipora

In the case of:-

UT of J&K Showket Ahmad Pehloo

In the matter of:

May it please your Hon’our:

Petitioner through Counsel

In the case of:-

UT of J&K Naveed Fayaz Malla

In the matter of:

May it please your Hon’our:

Petitioner through Counsel

In the case of:

State Though V/s Tanveer Ahmad Parray

In the matter of:

Petitioner most humbly submits as under:

In the premises therefore it is prayed that the above named petitioner

Petitioner through Counsel

In the case of:

Ishfaq Ahmad Dar State Though

In the matter of:

Petitioner most humbly submits as under:

In the premises therefore it is prayed that the above named petitioner

Petitioner through Counsel

Before the Hon’ble Court of Sessions Judge at Bandipora

In the case of:

Mohd Shafi Sheikh State Though

In the matter of:

May it please your Hon’our:

Petitioner most humbly submits as under:

In the premises therefore it is prayed that the above named petitioner

Petitioner through Counsel

1. That I am the applicant in the above captioned bail application.

3. That I am the applicant in the above captioned bail application.

Before the Hon’ble Court of Sessions Judge at Bandipora

In the case of:

In the matter of:

Petitioner most humbly submits as under:

In the premises therefore it is prayed that the above named petitioner

Petitioner through Counsel

Before the Hon’ble Court Of Special Judge at Bandipora

In the case of:

Mudasir Rashid V/s State Though

In the matter of:

Petitioner most humbly submits as under:

In the premises therefore it is prayed that the above named petitioner

Petitioner through Counsel

5. That I am the applicant in the above captioned bail application.

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