HC rejects bail plea of main accused in 2020 Poonch poisoning murder case

14/11/2026

Jammu, Nov 13: The High Court of Jammu and Kashmir and Ladakh has rejected the bail application of the alleged main accused in a 2020 poisoning murder case in Poonch district, observing that circumstantial evidence cannot be discarded merely due to the absence of eyewitnesses and that granting bail at an advanced stage of the trial could result in a miscarriage of justice.
Justice Mohd Yousuf Wani dismissed the bail plea of Mohd Tariq, a resident of Loran in Mandi tehsil of Poonch district, who is facing trial in an FIR registered at Police Station Loran under Sections 302, 109, 295 and 201 of the IPC.
The case relates to the alleged murder of 22-year-old Sheraz Yousif, whose body was found inside a mosque at Danna Loran on October 22, 2020.
According to the prosecution, the accused allegedly owed Rs. 50,000 to the deceased and had called him to Danna Loran on the pretext of returning the money. He was allegedly taken to the house of a co-accused, where poison was forcibly administered to him. After his death, his body was allegedly shifted to a nearby mosque to conceal the crime.
Forensic examination detected organophosphorus insecticide, while a Medical Board attributed the death to cardiorespiratory arrest resulting from organophosphorus poisoning.
Appearing for the accused, Advocate Mumtaz Choudhary argued that his client had been falsely implicated and that the prosecution case was based entirely on circumstantial evidence. The defence also suggested that the deceased, who was allegedly addicted to drugs, might have died of an overdose.
It was further submitted that the accused had remained in custody for more than five years and that three co-accused had already been granted bail by the High Court in July 2024. The defence accordingly sought bail on grounds of prolonged incarceration and parity.
However, Government Advocate Eishaan Dadhichi opposed the plea, maintaining that the petitioner was allegedly the principal offender and that the medical, forensic and other material collected during the investigation supported the prosecution case.
After examining the rival submissions, Justice Wani observed that heinous and pre-planned offences are often committed in secrecy, making it necessary for investigating agencies to rely upon circumstantial evidence to establish the involvement of the perpetrators.
The Court observed that circumstantial evidence cannot be brushed aside merely because direct eyewitness testimony is unavailable, though such evidence must ultimately form a complete chain consistent with the guilt of the accused.
It further observed that courts are not required to conduct a mini-trial while considering bail applications, as the appreciation of evidence and determination of guilt or innocence fall within the domain of the trial court.
The Court also explained that the expression "reasonable grounds" requires something more than mere suspicion or conjecture, though it falls short of proof, and must be assessed in the context of the material available in each case.
Rejecting the plea of parity, the High Court observed that the petitioner was allegedly the principal offender, distinguishing his position from that of the co-accused who had already been granted bail.
Significantly, the Court took note of the fact that the prosecution evidence had been closed and the trial was listed for final arguments. It observed that releasing the accused at this advanced stage could lead to a miscarriage of justice.
While rejecting the bail application, Justice Wani requested the trial court to conclude the proceedings at the earliest and pronounce its final judgment. The trial court was also directed to examine the issue relating to the framing of charges, particularly the charge of abetment against the alleged main accused, before concluding the proceedings. The High Court clarified that its observations were confined to the consideration of the bail application and would not prejudice the merits of the ongoing criminal trial.

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