The main legal point established in the judgment is that at the stage of considering the application for bail, the Court has to determine whether a prima-facie case is established against the accused and consider the seriousness of the allegations, severity of punishment, character of evidence, possibility of tampering with evidence, and the character and behavior of the accused.

1. Through the medium of this Bail Application under Section 498 Cr.P.C., applicant-accused is seeking bail in case FIR No. 22/1025 registered against him in Police Station, Kanachak, Jammu for the commission of offence punishable under Sections 366 RPC which upon investigation was challaned in the Court of learned 3rd Additional Sessions Judge, Jammu (Fast Track Court) for the commission of offence punishable under Section 376 RPC.

2. It is contended by learned counsel, Mr. Shukla that applicant-accused had moved the Court of learned 3rd Additional Sessions Judge, Jammu (hereinafter referred to as Trial Court') on 30.03.2015, seeking bail immediately on the completion of sixty days of the investigation from the date of registration of the case on the ground that Police had failed to complete the investigation and produce the challan within sixty days, as the applicant-accused as a matter of right was entitled to bail. Alternatively, applicant-accused had also claimed bail on merits. During the pendency of the application, a challan also came to be presented.

3. Learned counsel for the applicant-accused when was confronted with the amendment in the Cr.P.C., prescribing limit of 'ninety days' for investigation and production of challan in the matter of offence punishable under Section 376 RPC, alternatively application for grant of bail was pressed on merits before the learned Trial Court. As argued by learned counsel appearing for the applicant-accused and State, it is not in dispute that while application for grant of bail was pending consideration before the learned Trial Court, challan also came to be presented. Application was, thus, heard on merit and application moved by the applicant-accused for seeking bail was rejected by the learned Trial Court vide its order dated 25.04.2015, copy whereof has been appended with the instant application as Annexure-A.

4. Bail Application amongst other grounds appears to have been rejected by the learned Trial Court primarily on the plea of the prosecution that in case applicant-accused is admitted to bail, he may jump over the bail and hamper and tamper with the prosecution witnesses yet to be examined in the Trial Court and also on the ground that release of the applicant-accused at a stage when witnesses are yet to be examined and his remaining outside will cause deleterious effect on the mind of the general public and thwart the course of justice.

5. For facility of reference, ultimate paragraph of order dated 25.04.2015 passed by the learned Trial Court containing conclusion of the Court below is reproduced as under:-

“Given the facts and circumstances of the case, the nature of offence with which the accused has been charged, in my considered view there is force in the contention of learned APR that in case the accused is admitted to bail, he will jump over the bail and hamper and tamper with the prosecution witnesses, who are yet to be examined. Moreover, release of the accused at this stage and his remaining outside will cause deleterious effect on the minds of general public and thwart the cause of justice.”

6. During the course of arguments of this application, learned counsel for the applicant-accused and State have brought to the notice of this Court that during the pendency of this application, charges against the applicant-accused for the commission of offences punishable under Section 366 RPC and 376 RPC have been framed and challan has been set out for prosecution evidence.

7. Having failed to get the bail from the Trial Court and in view of the subsequent events like presentation of challan and framing of charges by the Court below, applicant-accused has approached this Court through the medium of instant application seeking his release on bail on the grounds taken in the Bail Application.

8. Before this Court considers the grounds projected by the learned counsel for the applicant-accused for grant of bail and arguments put forth by the learned AAG appearing for the resp