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RAJNESH OSWAL
Joginder Kumar – Appellant
Versus
Union Territory of J&K – Respondent
JUDGMENT :
1. The present bail application has been filed seeking bail in challan, titled, Union Territory of J&K vs. Joginder Kumar and others for commission of offences under sections 306 and 109 IPC pending disposal before the Principal Sessions Judge, Samba (hereinafter to be referred as the trial court) arising out of FIR bearing No. 31/2021 registered at Police Station, Ghagwal after the bail application of the petitioner was rejected by the learned trial court on 04.06.2021.
2. It is stated that the petitioner has been in custody for the last six months i.e. from 11.02.2021 and also that the challan has been filed. It is further stated that prima facie no offence under section 306 IPC is made out against the petitioner.
3. Response stands filed in which besides narrating the factual aspects of the case, it has been stated that the offence committed by the petitioner is heinous in nature and against the society at large. It is further stated that there is strong evidence against the petitioner so he does not deserve to be enlarged on bail.
4. Mr. Jagpal Singh, learned counsel for the petitioner has vehemently submitted that the petitioner has been custody for the last nearly six
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The right to speedy trial is a fundamental right, and the court emphasized the importance of recording the statement of the minor daughter as a material witness.
Bail is a rule and jail is an exception, and the court may grant bail considering the accused's personal circumstances and the need to ensure the accused's presence for trial.
The presumption of innocence, the right to liberty, and the need to secure the presence of the accused for trial were central legal principles established in the judgment.
The lack of incriminating evidence, non-supportive testimony from the deceased's father, and the principle of parity with the co-accused can be grounds for granting bail.
The importance of mens rea in establishing instigation for abetment of suicide under Section 306 IPC.
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