Srinagar, Oct 28, KNT: The Jammu and Kashmir and Ladakh High Court has ruled that a trial court cannot deny bail merely on the ground that it was “difficult to frame an opinion at this stage.”
A Division Bench of Justices Sanjeev Kumar and Sanjay Parihar observed that such reasoning amounted to “abdicating the statutory duty” under Section 43-D(5) of the UAPA, which requires courts to record a satisfaction based on available material.
The ruling came in an appeal filed by Farooq Ahmed of Poonch, who challenged the order of the Special Judge (NIA) denying him bail in a case registered under UAPA and IPC sections. The appellant argued that he had been in custody since August 2021 without substantive evidence.
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While the prosecution alleged that Farooq was associated with the banned Jammu and Kashmir Ghaznavi Force and involved in raising funds, the High Court said the trial court failed to assess whether reasonable grounds existed to believe the accusations were prima facie true.
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Setting aside the lower court’s order, the Bench remanded the matter for fresh consideration in accordance with law. [KNT]
