Jammu and Kashmir High Court Grants Bail to Khalid Hussain after Seven Years in Custody

Court Cites Lack of Criminal Antecedents and Circumstantial Evidence in Decision to Release Accused on Bail

Jammu, November 20, 2025 - In a significant legal development, the Jammu and Kashmir High Court has granted bail to Khalid Hussain, also known as Munna, who had been in custody for seven years. The decision comes amid ongoing proceedings in a case involving the alleged murder of Mohd. Jabbar, where the prosecution's case rests entirely on circumstantial evidence.

The case stems from an incident in November 2018, where Jabbar was found dead, prompting the registration of an FIR by the Police Station Amb Gharota, Jammu. Khalid Hussain, along with the late Azam Hussain, was accused of murder under Section 302/34 of the Ranbir Penal Code and related sections of the Arms Act.

Presiding over the matter, Justice Rahul Bharti noted that the prosecution's case was built on circumstantial evidence, with no eyewitnesses to the alleged crime. The court emphasized the prolonged custody period of the petitioner and the lack of prior criminal history in its decision to grant bail.

The court also highlighted that key prosecution witnesses had already been examined, reducing the risk of witness tampering. It underscored the necessity for Khalid Hussain to adhere to conditions imposed by the trial court to prevent any disruption to the judicial process.

Justice Bharti stressed that the trial court's role is crucial in assessing the quality of circumstantial evidence and determining the final verdict. The High Court directed the trial court to impose conditions ensuring Khalid Hussain's regular attendance and compliance with legal obligations during the trial.

This decision marks a pivotal moment in the trial, as it balances the rights of the accused with the integrity of the judicial process. Khalid Hussain's release on bail is contingent upon him meeting all stipulated conditions, including furnishing personal and surety bonds.

The case continues to be a focal point in the region, drawing attention to the complexities of trials based on circumstantial evidence and the judicial system's approach to ensuring justice.

Bottom Line:

Grant of bail to an accused in a criminal case based on circumstantial evidence after prolonged custody of seven years without criminal antecedents, ensuring trial attendance and adherence to conditions imposed by the court.

Statutory provision(s): Section 302/34 Ranbir Penal Code, Sections 4 & 25 Arms Act, Section 483 Bharatiya Nagarik Suraksha Sanhita, 2023

Khalid Hussain @ Munna v. State/UT, (Jammu and Kashmir) : Law Finder Doc Id # 2814011