HC grants bail to councillor, ex-MLA in Leh violence case

19/04/2026

Jammu, Apr 18: The High Court of Jammu & Kashmir and Ladakh has granted bail to a sitting councillor and a former legislator in connection with the Leh violence case, observing that continued custody was not warranted at this stage of investigation.
Justice Mohd Yousuf Wani allowed bail applications filed by councillor Smanla Dorje Nurboo and former MLA DeldanNamgail in FIR No. 144/2025 registered at Police Station Leh.
The petitioners had approached the court under provisions of the Bharatiya Nagrik Suraksha Sanhita, 2023, contending that they had been falsely implicated due to political rivalry. They subm-itted that the investigation had substantially progressed and pointed out that similarly placed co-accu-sed had already been granted bail by the trial court.
Opposing the pleas, the UT administration argued that both accused were influential political figures whose release could adversely impact the investigation. It was further submitted that the case pertains to the September 24, 2025 violence in Leh, during which public and private property was damaged, security personnel were attacked and fatalities were reported.
The prosecution alleged that Nurboo had incited the public through a press conference a day prior to the incident, while Namgail was purportedly seen in CCTV footage and other material participating in the violence.
After hearing both sides, the court noted that the petitioners had remained in custody for about seven months and that the offences attributed to them did not, at this stage, attract punishment of death or imprisonment for life in the alternative. The court also took into account that a preliminary charge sheet against nine accused, including the petitioners, was stated to be ready, although further investigation was continuing.
Observing that "bail is the rule and jail the exception" in such circumstances, the court held that continued incarceration was not necessary, particularly when custodial interrogation was no longer required and the concerns of the prosecution could be addressed through appropriate safeguards.
Allowing the applications, the court directed that both accused be released on furnishing personal bonds and sureties of Rs 1 lakh each to the satisfaction of the trial court and the jail superintendent.
The court imposed conditions including cooperation with the investigating agency, regular appearance before the trial court, non-interference with prosecution witnesses, and abstaining from committing any similar offence. It also restrained the accused from leaving the country without prior permission of the trial court and the investigating officer. The court clarified that the observations made in the order were prima facie in nature and would not influence the trial, which shall proceed independently on the basis of evidence led by the parties.

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