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Jammu & Kashmir and Ladakh High Court

Conditional Pre-Arrest Protection In Section 69 BNS Case; Quashing Merits Remain Open

The Jammu & Kashmir and Ladakh High Court granted conditional anticipatory-bail protection in a section 69 BNS prosecution involving an alleged promise of marriage.

Judge / Bench — Hon’ble Ms. Justice Moksha Khajuria Kazmi, Judge

It recorded the competing allegations and the applicant’s submissions about consent, his existing marriage, communications and absence of criminal antecedents, but did not finally determine whether the statutory ingredients were established. Release on arrest required a Rs. 50,000 bond and surety, cooperation with investigation, non-interference with witnesses and permission before leaving the Union Territory. In the connected quashing petition, investigation could continue, while presentation of the challan required prior Court permission until the next hearing. The order is provisional protection, not quashing, exoneration or a concluded finding that the relationship was consensual or the complaint false.

Case — Mohd. Kabir v. UT of J&K and another · Bail App No. 236/2026 c/w CRM(M) No. 1175/2026 · 2026-10-13 · Jammu wing

Advocates appearing — Petitioner — Farhan Mirza, Advocate. Respondent 1 — Ms. Saliqa Sheikh, Advocate, vice Mr. Bhanu Jasrotia, GA. Respondent 2 — Mr. Waqar Hussain, Advocate.

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