The Jammu & Kashmir and Ladakh High Court has granted bail to a man accused of cheating a businessman in a transaction involving the supply of wild garlic, observing that the mere seriousness of allegations cannot justify prolonged detention once the investigation against the accused is substantially complete.
Justice Sanjay Dhar passed the order while hearing a bail plea filed by Mohammad Iqbal Wani, who has been in custody since August 2025 in connection with a case registered at Police Station Anantnag.
Background of the Case
According to the prosecution, the complainant alleged that he entered into an agreement with Mohammad Iqbal Wani and two other accused persons for the purchase of wild garlic. The complainant claimed that substantial amounts were paid over several months after assurances that the material would be supplied.
The complaint stated that despite receiving payments, the accused persons allegedly failed to deliver the promised goods and later refused to either supply the material or return the money.
During the investigation, police examined bank transactions, witness statements, and other records. Investigators alleged that more than ₹34 lakh had been transferred through banking channels, while additional amounts were paid in cash. The prosecution further claimed that the accused were not authorised to deal in the forest produce involved in the transaction.
Police also alleged that the accused operated through multiple business entities and acted together as part of an organised scheme to defraud investors and buyers.
Arguments Before the Court
Counsel for the petitioner argued that the dispute was essentially commercial in nature and had been given a criminal colour. It was also submitted that the investigation had already been completed and the charge sheet had been filed before the trial court.
The defence further questioned the applicability of organised crime provisions under Section 111 of the Bharatiya Nyaya Sanhita (BNS), contending that the legal requirements for invoking the provision were not satisfied in the present case.
Opposing the plea, the prosecution argued that the allegations involved a large-scale economic offence and that the petitioner was part of a criminal syndicate. It was also submitted that further investigation was continuing and there was a possibility of witnesses being influenced if bail was granted.
Court's Observations
Justice Dhar noted that while the accusations were serious, courts are required to consider established principles governing the grant of bail.
Referring to several Supreme Court judgments, the Court observed that factors such as the nature of allegations, possibility of witness intimidation, likelihood of absconding, and the strength of evidence must be examined while deciding bail applications.
The Court also highlighted that economic offences cannot automatically be treated as a separate category for denial of bail.
“The gravity of the offence and attending circumstances have to be examined on a case-to-case basis,”
the Court observed.
On the issue of organised crime charges, the Court did not make any final determination but noted that the petitioner’s challenge to the applicability of Section 111 BNS appeared to raise arguable issues requiring consideration.
The Court further reiterated the principle repeatedly emphasised by the Supreme Court that
“bail is the rule and jail is the exception.”
Decision
Allowing the petition, the High Court held that continued incarceration of the petitioner was not justified, particularly when the charge sheet had already been filed and he had spent more than eight months in custody.
The Court observed that further investigation concerning other persons could not be a valid ground to deny bail to the petitioner when the investigation regarding his alleged role had already been completed.
Accordingly, the High Court directed the release of Mohammad Iqbal Wani on bail upon furnishing a personal bond of ₹1 lakh and two sureties of the same amount. The Court also directed him to appear before the trial court on every hearing date, not leave the Union Territory of Jammu & Kashmir without prior permission, and refrain from influencing witnesses or tampering with evidence.
Case Details:
Case Title: Mohammad Iqbal Wani v. UT of J&K & Anr.
Case Number: Bail App No. 05/2026
Judge: Justice Sanjay Dhar
Decision Date: 30 April 2026
