The High Court of Jammu & Kashmir and Ladakh has granted bail after 7 months to sitting councillor Smanla Dorje Nurboo and former MLA Deldan Namgail in connection with the Leh violence of September 2025
In an order pronounced on April 16, Justice Mohd Yousuf Wani said that “bail is a rule and its denial an exception” in cases not involving offences punishable with death or life imprisonment.The Court emphasised that the object of bail is to secure the presence of the accused during trial and not to punish them before conviction. The Leh violence was triggered by demands of statehood for Ladakh last year. Nurboo and Namgail were arrested subsequently for their alleged role in the riots.
"Admittedly, in case of non-bailable offences which do not carry a sentence of death or imprisonment for life in alternative, bail is a rule and its denial an exception especially in cases where firstly the custodial questioning of an accused is not imperative for the logical and scientific conclusion of the investigation and secondly where there is nothing on record to show that the accused, if admitted to bail, will misuse the concession by tampering with the prosecution evidence, by non-cooperation and association with the investigating agency and also by absconding at the trial," the Court said.
The present case pertained to incidents from September 24, 2025 when a protest in Leh turned violent, resulting in large-scale rioting, arson and attacks on police and CRPF personnel. As per the prosecution, the violence led to the death of four persons, injuries to 38 police personnel and 57 CRPF personnel, and extensive damage to public and private property, including government buildings, vehicles and office of Bharatiya Janata Party (BJP).
The prosecution alleged that Nurboo played a pivotal role in instigating the violence through a press conference held on September 23, 2025, which was widely circulated on social media.Nurboo’s press conference and subsequent social media circulation of videos provoked youth and acted as a catalyst for the violent incident, it was argued.It was further alleged that Namgail actively participated in the violence, with CCTV footage purportedly showing him leading the mob, pelting stones, and even damaging a CCTV camera to destroy evidence.
The State argued that both accused, owing to their political influence, could tamper with evidence and impact the ongoing investigation if released on bail.On the other hand, counsel for the petitioners contended that the accused were falsely implicated due to political rivalry. It was argued that Nurboo’s press conference was made in good faith, highlighting the deteriorating health of those on hunger strike from his constituency, and it contained no incitement to violence.The defence also claimed that he was present in the hospital on the day of the incident and not at the scene.
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