The High Court of Jammu & Kashmir and Ladakh granted regular bail to Yashpaul Sharma, who was accused of shooting his wife with a licensed rifle. The court noted that the prosecution failed to present any clinching or credible evidence linking him to the alleged crime, and key eyewitnesses—including the couple's own children—turned hostile during the trial.
Justice Rajesh Sekhri, while delivering the verdict, emphasized:
"In such cases of 'No Evidence', the Courts are obliged to take a holistic view of the matter and exercise the discretion of bail."
The case originated from an FIR lodged on 14 September 2023, when Yashpaul allegedly shot his wife, Neelam Devi, with a 303 VDC rifle. Initially booked under Sections 323/307 IPC and Arms Act, the charges were later amended to Section 302 IPC after the woman succumbed to her injuries.
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During the trial, however, the daughter testified that she was asleep during the incident and had no knowledge of how the gun was fired. The son, who had earlier accused his father in a police statement, withdrew his version in court and stated there were no conflicts between the parents. Another witness listed as an eyewitness, Tarsem Kumar, also turned hostile.
"There is not even a single line in the testimonies of the prosecution witnesses so far examined in the trial court to connect the applicant with the commission of any crime," the High Court observed.
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Further weakening the prosecution’s case, the seizure of the alleged weapon was brought into question. Witnesses to the seizure, including a police constable and a Special Police Officer, claimed they were unaware of the details and merely signed documents written by the Investigating Officer. One civilian witness confirmed that no rifle or bullets were recovered in his presence and that his signature was obtained several days later at the police station.
Noting these deficiencies, the court criticized the trial court’s decision to deny regular bail, stating that it relied on “broad probabilities” rather than concrete evidence.
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"Liberty of an individual whose involvement has not been established in the commission of an offence should not be lightly dealt with," the court underscored, citing Article 21 of the Constitution.
The bail was granted under Section 485 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The High Court directed that Yashpaul furnish a surety bond of ₹1 lakh, attend all future hearings, and refrain from tampering with evidence or influencing witnesses.
The matter involved 13 of 20 prosecution witnesses already examined, none of whom gave substantial evidence implicating the accused.
The court concluded that in the absence of credible evidence and with major witnesses not supporting the charges, continued incarceration of the accused was unjustified.
Case Title: Yashpaul Sharma vs. UT of J&K, 2025
Appearance:
For Respondent: Bhannu Jasrotia, Government Advocate
For Petitioner: P.N. Raina, Sr. Advocate with J.A. Hamal
