Jainander Tyagi Vs Union Territory through Police Station… — Cheating and Forgery | J&K HC (2025)

Jainander Tyagi Vs Union Territory through Police Station… — Cheating and Forgery | J&K HC (2025)

What the court decided

AI extract

Outcome

Applicant enlarged on bail on furnishing a bail bond of Rs. 20,000/- to the satisfaction of Registrar Judicial with one surety of the like amount, subject to conditions (a)-(f): presence at every Trial/Sessions hearing; no inducement, threat or promise to persons acquainted with the facts; no leaving Kashmir Division without permission; no tampering with evidence or witnesses; no obstructing or hampering police investigation; no committing similar offences. Bail App. No. 142/2025 disposed of in terms of the above.

Issue for consideration

Whether bail should be granted to the applicant, Jainader Tyagi, arraigned in FIR No. 57 of 2024 of Police Station, Rajbagh, and charged (post-challan) with offences punishable under Sections 494, 495, 120-B and 420 IPC.

Court's answer

Prima facie a case was made out for grant of bail at this stage: the applicant is charged with offences under Sections 494, 495, 120-B and 420 IPC, of which only the Section 420 offence is non-bailable, and another accused — the applicant's father — charged with the same offence has already been given bail.

Ratio / Principle

The bail application is allowed: the applicant is enlarged on bail upon furnishing a bail bond of Rs. 20,000/- with one surety of the like amount, subject to conditions requiring attendance at every Trial/Sessions hearing, abstention from inducement, threat or promise to persons acquainted with the facts, no departure from Kashmir Division without the Court's permission, no tampering with evidence or witnesses, no obstruction or hampering of police investigation, and no commission of similar offences.

Detailed headnote1 paragraphs

Bail granted — High Court of Jammu & Kashmir and Ladakh at Srinagar, Bail App. No. 142/2025 (CrlM No. 1108/2025), decided 18.11.2025 by Hon'ble Mr. Justice Vinod Chatterji Koul. Applicant Jainader Tyagi sought bail in FIR No. 57 of 2024 of Police Station, Rajbagh (offences recorded under Sections 376, 420, 494, 495 and 12-B IPC). Challan stood produced and charges framed by the Trial Court (2nd Additional Sessions Judge, Srinagar); the applicant stands charged under Sections 494, 495, 120-B and 420 IPC, his earlier bail application before the Trial Court having been dismissed, and the charging order being challenged in a separate petition. Finding that prima facie a case existed for grant of bail at that stage — only the Section 420 offence being non-bailable, and a co-accused (the applicant's father) charged with the same offence already admitted to bail — the Court allowed the application, enlarging the applicant on a bail bond of Rs. 20,000/- with one surety of the like amount, subject to conditions: presence on every hearing date; no inducement, threat or promise to persons acquainted with the facts; no leaving Kashmir Division without permission; no tampering with evidence or witnesses; no obstruction of police investigation; and no commission of similar offences.

S. No. 05 Regular Cause List

IN THE HIGH COURT 0F JAMMU & KASHMIR AND LADAKH AT SRINAGAR

Bail App. 142/2025 CrlM no. 1108/2025

Jainader Tyagi

…Appellant(s)/Petitioner(s)

Through: Mr. Shariq J Reyaz, Advocate

Vs.

UT of JK through Police Station Rajbagh.

...Respondent(s)

Through: Mr. Mohsin Qadiri, Sr. AAG with Ms. Maha Majeed, Assisting counsel Mr. Shuja Ul Haq, Advocate

CORAM:

HON’BLE MR. JUSTICE VINOD CHATTERJI KOUL-JUDGE

ORDER 18.11.2025

Bail is sought in case FIR no.57 of 2024 registered at Police Station, Rajbagh, for the offences punishable under Section 376, 420, 494, 495 and 12-B IPC.

Challan has been produced in the aforesaid FIR and charges framed by Trial Court, viz. 2^nd Additional Sessions Judge, Srinagar.

According to the applicant, the order charging the applicant of offences punishable under Section 495, 120-B, 506 and 420, IPC has been challenged in a separate petition.

Objections/response have been filed by the respondents in opposition to instant application.

Mr. Shuja Ul Haq, has appeared on behalf of the complainant and has also submitted objections in the open Court which are taken on record.

Learned counsel for the applicant submits that although the applicant had filed the application before the learned 2^nd Additional Sessions Judge, Srinagar, yet the same was dismissed. He would also aver that the applicant has not been charged with the heinous offences punishable

2

Bail App. 142/2025 CrlM no. 1108/2025

under Section 376 and 366 and remaining sections in which applicant has been charged or either bailable in nature or non-serious in degree.

Prima facie, a case is made out for grant of bail, at this stage, inasmuch as applicant has been charged with offences punishable under Section 494, 495 120-B, and 420 IPC, and that the only offence punishable under Section 420 is non-bailable, more particularly, when another accused, applicant’s father charged with the same offence, has been given bail.

Having regard to the case set up by applicant and submissions made by counsel for parties, the application is allowed. Applicant is enlarged on bail subject to his furnishing bail bond in the amount of Rs.20,000/- to the satisfaction of Registrar Judicial of this Court, with one surety of the like amount to the satisfaction of Incharge/Superintendent, Jail

concerned, on the following conditions:

a. Applicant shall remain present before the Trial/Sessions Court on every date of hearing;

b. Applicant shall not directly or indirectly make any inducement, threat or promise to any person(s) acquainted with the facts of the case so as to dissuade him/them from disclosing such facts to the Court or to any Police Officer, as the case may be;

c. Applicant shall not leave Kashmir Division without proper permission from the Court;

d. Applicant shall not tamper with the evidence or witnesses in any manner and shall not be a source of embarrassment and harassment to any of the witnesses in any manner;

e. Applicant shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police;

f. Applicants shall not commit an offence similar to the offence of which they are accused, or suspects, of the commission of which he is suspected.

Bail App no. 142/2025 is disposed of in terms of above.

(VINOD CHATTERJI KOUL)

JUDGE

SRINAGAR 18.11.2025

“ Imtiyaz”

Imtiyaz Ul Gani I attest to the accuracy and authenticity of this document

24.11.2025 10:55