Jammu and Kashmir High Court
Bail App/38/2026 of SAHIL Vs UT OF J AND K TH. STATION HOUSE OFFICER OFFICER IN CHARGE POLICE STATION BAHU FORTAND ANOTHER on 5 June 2026
OF JAMMU & KASHMIR AND LADAKH AT JAMMU Date of pronouncement : 05.06.2026 Uploading on: 05.06.2026 Case:- Bail App No. 37/2026 c/w Bail App No. 38/2026 Rocky …..Petitioner Through: Mr. Muzzaffar Ali Shah, Advocate & Mr. Yassar Iqbal, Advocate Vs UT of J&K & Anr.
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Date of pronouncement : 05.06.2026
Uploading on: 05.06.2026
Case:- Bail App No. 37/2026
c/w
Bail App No. 38/2026
Rocky
…..Petitioner
Through: Mr. Muzzaffar Ali Shah, Advocate &
Mr. Yassar Iqbal, Advocate
Vs
UT of J&K & Anr.
.….Respondents
Through: Mr. P.D. Singh, Dy. AG
Coram: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE
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ORDER
(05.06.2026)
1. In view of the intervening development with the Police having come forward with the presentation of a Police Report (Challan) submitted before the Special Judge (Narcotic Drugs & Psychotropic Substances (NDPS) cases), Jammu, the present bail petitions otherwise filed prior to the presentation of the said Police Report/Challan may not earn an effective adjudication from this Court and it would be in the fitness of facts for the petitioners to now apply for bail from the trial court.
2. From the facts and circumstances of the case which this Court has been able to discern related to the implication of the two petitioners, namely, Sahil & Rocky, this Court is not convinced that Supplementary Cause List-I Serial No. 65
2
c/w Bail App No. 38/2026
the Investigating Officer has acted with bona fide and, therefore, the trial court in the matter of consideration the bail plea of the petitioners shall have the totality of the facts and circumstances of the case particularly the manner in which the search of undefined house of the petitioner-Rocky without defining the locality and address has been carried out to allege recovery of contraband attributable to him and further no personal recovery of contraband taking place from the petitioner-Sahil.
3. This Court needs not to remind the trial court that the final police report is not to be treated as a gospel truth without suffering forensic examination of the trial court even at this stage of considering bail application/s and also at the stage of framing of charge or discharge of the accused in the case as the case may be.
4. In the event of bail application preferred by the petitioners, the same to be disposed of by or before 31.07.2026.
5. Disposed of.
(RAHUL BHARTI) JUDGE JAMMU
05.06.2026
Sneha
Whether the order is speaking : Yes / No
Whether the order is reportable : Yes / No