Back
MOHD. YOUSUF WANI
Pawan Kumar – Appellant
Versus
UT of Jammu and Kashmir – Respondent
JUDGMENT
The instant bail application has been filed under the provisions of Section 483 of Bharatiya Nagraik Suraksha Sanhita, 2023, [hereinafter referred to as ‘BNSS, for short], corresponding to Section 438 of the repealed Code of Criminal Procedure, 1973, [hereinafter referred to as ‘ Code’ for short], for grant of bail in favour of the petitioner/accused in case FIR No. 116/2022 of Police Station, Katra, the investigation wherein has already culminated into the filing of final police report/challan filed before the court of learned Principal Sessions Judge, Reasi [hereinafter referred to as ‘the Trial Court’] in terms of the provisions of Section 193 of the BNSS, corresponding to Section 173 of the Code under sections 376, 506 IPC and 3/4 of Protection of Children from Sexual Offences Act 2012, [herein referred to as ‘POCSO Act’] pursuant to the dismissal of his earlier bail application by the Trial Court.
2. The bail has been sought on the grounds that petitioner/accused has been falsely and frivolously involved in the case FIR No. 116/2022 of Police Station, Katra, registered under Sections, 376,506 IPC and 3/4 of POSCO Act, which has culminated in the filing of final report
(1) Bail application – 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.(2) Presumptions und....
The court emphasized that serious allegations, especially involving children, require careful consideration of evidence and potential risks before granting bail.
The court ruled that a DNA report, while significant, must be proved in court before it can be relied upon in a bail application, emphasizing the presumption of innocence.
Bail cannot be granted in sexual assault cases against minors without significant scrutiny of charges and evidence; serious errors by the High Court necessitated cancellation.
The main legal point established is that bail is the rule and jail is an exception, and the accused should not be detained as a form of punishment.
(1) Bail – Mere filing of charge-sheet does not, by itself, preclude consideration of application for bail.(2) Bail granted without due consideration of material factors warrants interference – In of....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
