Excelsior Correspondent
JAMMU, Apr 18: The High Court of Jammu & Kashmir and Ladakh has granted bail to sitting Councilor Smanla Dorje Nurboo and former MLA Deldan Namgail in connection with the Leh violence case arising out of FIR No. 144/2025 of Police Station Leh. The order was passed by Justice Mohd Yousuf Wani in bail applications.
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The two accused had approached the High Court seeking bail under Section 483 of the Bharatiya Nagrik Suraksha Sanhita, 2023, claiming that they had been falsely implicated in the case due to political rivalry. They also argued that they were innocent, that the investigation had substantially progressed and that similarly placed co-accused had already been granted bail by the trial court.
The prosecution opposed the bail pleas, alleging that the petitioners were influential political figures and that their release at this stage could affect fair investigation. The UT of Ladakh alleged that the case related to the violent incident of September 24, 2025 in Leh, during which public and private property was damaged, police and CRPF personnel were attacked and several people lost their lives.
The prosecution further alleged that petitioner Smanla Dorje Nurboo had provoked the public through a press conference a day before the incident, while Deldan Namgail was seen in CCTV footage and other material actively participating in the violence.
After hearing both sides, the High Court observed that the petitioners had remained in custody for about seven months and that they had not been shown to be involved in offences carrying punishment of death or imprisonment for life in the alternative. The High Court also took note of the fact that a preliminary charge-sheet against nine accused, including the present petitioners, was stated to be ready, though further investigation was still underway.
Justice Wani held that in non-bailable offences not attracting the statutory bar relating to death or life imprisonment in the alternative, bail is the rule and jail the exception, especially where custodial interrogation is no longer imperative and concerns of the prosecution can be addressed through strict conditions.
While allowing the bail applications, the High Court directed that both accused be released on furnishing personal bonds and surety of Rs 1 lakh each to the satisfaction of the trial court and jail superintendent. The High Court imposed several conditions, including cooperation with the investigating agency, regular appearance before the trial court, non-interference with prosecution witnesses, non-repetition of any offence and a restriction on leaving India without prior permission of the trial court as well as the investigating officer.
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