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RAJNESH OSWAL
Koushal Kumar – Appellant
Versus
Union Territory of J&K – Respondent
JUDGMENT :
1. The present petition has been filed by the petitioner for grant of bail in challan titled UT of J&K Vs. Koushal Kumar arising out of F.I.R bearing No. 63/2020 dated 14.03.2020 under Section 306 IPC registered at Police Station, Samba, after the application filed by the petitioner was dismissed by the Court of learned Principal Sessions Judge, Samba vide order dated 31.05.2021.
2. It is stated that the petitioner has been falsely implicated in the case and was arrested on 19.08.2020 and ever since then, he is in custody. Further, that the petitioner is young boy of 22 years old and pursuing diploma in Civil Engineering in Government Polytechnic College, Jammu and at present is in 5th Semester.
3. The response stands filed in which besides narrating factual aspects it has been stated that the petitioner is involved in heinous and serious offence and as such, he is not entitled to bail.
4. Mr. Ravinder Sharma, learned counsel for the petitioner has vehemently argued that the petitioner has been falsely implicated in a case particularly, when inquest proceedings remained pending for nearly six months and thereafter, F.I.R was registered on the basis of the manipulated stateme
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 court emphasized that bail should be granted when there is insufficient evidence to suggest tampering or flight risk, particularly when continued detention amounts to punishment without trial.
Point of Law : Grant of Bail - Fact that the petitioner is resident of the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, the petition....
The court considered the petitioner's custody duration, the need for his presence only for trial, and the lack of criminal antecedents in granting bail and imposed specific conditions to address the ....
Criminal Law - Bail application - Petitioner is behind bars from approximately two months, fact that petitioner is permanent resident of District and neither in a position to tamper with prosecution ....
The completion of investigation, lack of necessity for custodial interrogation, and the petitioner's readiness to abide by bail terms influenced the court's decision in granting bail.
Petitioner in the alleged offence, the bail petitioner cannot be enlarged on bail, as he can tamper with the prosecution evidence and also flee from justice.
The court's decision to grant bail was based on the completion of investigation, lack of necessity for the petitioner's custody, and the petitioner's willingness to comply with bail conditions, consi....
The main legal point established is that the decision to grant bail is based on the petitioner's lack of flight risk and inability to tamper with evidence, as well as the completion of investigation ....
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