Disposed

Rukiya Akhter v. Union Territory of J and K (Home) Th.S.H.O P/S Yaripora

J&K HC11 Sept 2026Bail App/101/2026

Case brief

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What is this about?

In a bail application, the High Court disposed of the matter without disturbing a prior order declining bail, granting liberty to the petitioner to approach the Trial Court afresh based on subsequent developments and new witness testimony.

What did the court decide?

Liberty given to approach Trial Court afresh for bail based on subsequent developments; present application disposed without disturbing earlier order.

Rukiya Akhter Vs Union Territory of J and K (Home) Th.S.H.O P/S… — Bail and Remand | J&K HC (2026)

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S. No. 06 Regular Cause List

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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR

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Bail App 101/2026

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RUKIYA AKHTER

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…Appellant/Petitioner(s)

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Through: Mr. Tahir Ahmad Bhat, Advocate

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Vs.

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UNION TERRITORY OF J AND K (HOME) TH.S.H.O P/S YARIPORA

...Respondent(s)

Through: None

CORAM:

HON’BLE MR JUSTICE SANJAY PARIHAR, JUDGE

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O R D E R 11.09.2026

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1. Heard learned counsel for the petitioner at length.

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2. During the course of hearing, ld. counsel for the petitioner fairly submits that, subsequent to the order dated 08th October, 2025, whereby the petitioner’s earlier application for grant of bail was declined, the Trial Court has examined further witnesses, including the Investigating Officer. It is submitted that certain material aspects have emerged from the testimony of the Investigating Officer which, according to the petitioner, demonstrate that the search was not conducted in accordance with law. On the strength thereof, it is contended that the legality of the search, and consequently the evidentiary value of the recovery allegedly effected pursuant thereto, would require consideration.

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3. Since, at the time when the earlier bail application came to be dismissed, only some of the prosecution witnesses had been examined, and further witnesses have since been examined, there appears to be a change in circumstances subsequent to the dismissal of

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Bail App. No. 101/2026 1 | P a g e

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the earlier bail application. In that view of the matter, learned counsel for the petitioner submits that the petitioner may be permitted to approach the learned Trial Court afresh for grant of bail by bringing to its notice the subsequent developments, including the alleged lacunae which, according to the defence, have surfaced during the examination of the witnesses subsequent to the dismissal of the earlier bail application.

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4. In view of the aforesaid submission, the instant application is disposed of, without disturbing the order dated 08th October, 2025, with liberty to the petitioner to approach the learned Trial Court afresh for grant of bail on the basis of the subsequent developments. In the event such an application is filed, the Trial Court shall consider and dispose of the same expeditiously, in accordance with law, uninfluenced by the disposal of the present application and having due regard to the circumstances which have arisen subsequent to the dismissal of the earlier bail application.

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5. The application stands disposed of in the above terms.A copy of this order be transmitted to the learned Trial Court for information and compliance.

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JUDGE

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SRINAGAR 11.09.2026 Shabroz

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Bail App. No. 101/2026 2 | P a g e

Rukiya Akhter v. Union Territory of J and K (Home) Th.S.H.O P/S Yaripora

Case brief

What is this about?

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Rukiya Akhter v. Union Territory of J and K (Home) Th.S.H.O P/S Yaripora

Case brief

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What did the court decide?

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