HC grants bail to three women accused in Anantnag murder case
Jammu, Jan 3: The High Court of Jammu & Kashmir and Ladakh has granted bail to three women accused in a 2023 murder case from Anantnag district, observing that the trial court failed to properly apply the statutory provision that allows liberal consideration of bail for women even in non-bailable offences.
Justice Rahul Bharti allowed the bail applications of Saleema Bano, Reshma and Rubina, residents of Cheri Panzgam, Kokernag. The three women were among 14 persons named in FIR No. 21/2023 registered at Police Station Larnoo. The case was initially filed under various sections of the IPC, including attempt to murder, and later converted to murder charges after the injured victim died.
After completion of the investigation, the police filed the charge sheet on September 15, 2023, against 14 accused under multiple sections, including Section 302 IPC. While nine accused were arrested initially, five persons, including the three women, were shown as absconding. The women were later arrested in January and May 2024 and remained in judicial custody as undertrial prisoners.
Their bail pleas were earlier rejected by the Principal Sessions Judge, Anantnag, on the grounds of the seriousness of the offence and their conduct during the investigation.
However, the High Court set aside the trial court’s reasoning, stating that it ignored the proviso to Section 437(1) CrPC, which specifically permits courts to grant bail to women even in non-bailable cases. The Court noted that the allegations against the women were general in nature, with no specific individual roles clearly attributed to them. It also observed that the alleged weapon of offence was sticks and that several key witnesses, including the complainant, had already been examined, reducing the possibility of evidence tampering.
The Court also took into account the personal circumstances of the petitioners. One of the women is a breastfeeding mother, all three have minor children aged between three and eight years, and the husband of Saleema Bano is also lodged in jail in the same case. The Court further recorded that Saleema lost her eight-year-old son in a drowning incident during her incarceration and was not allowed to attend his burial.
Granting bail, the High Court ordered the release of the three women on personal and surety bonds of Rs 50,000 each. The Court imposed conditions that they shall not leave the Union Territory of Jammu and Kashmir without prior permission of the trial court and shall not influence witnesses or hamper the trial, failing which their bail may be cancelled.
Advocate S A Hashmi appeared for the petitioners, while Government Advocate Illyas Laway represented the Union Territory.
