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RAJNESH OSWAL
Sushil Kumar – Appellant
Versus
Union Territory of J&K – Respondent
JUDGMENT :
1. The present bail application has been filed by the petitioner, who is facing trial before the court of Principal Sessions Judge, Rajouri (hereinafter to be referred as the trial court) in challan, titled, “Union Territory of Jammu and Kashmir vs. Jaspal and others” arising out of FIR bearing No. 150/2018 registered with Police Station, Nowshera under sections 370-A and 376 RPC.
2. It is stated that after filing of the challan, the learned trial court framed the charges under sections 370-A and 376 RPC vide order dated 27.12.2019 against the petitioner. After the statement of the prosecutrix was recorded, the petitioner filed the bail application before the learned trial court on the ground that the statement of the prosecutrix has been recorded and she has not deposed anything against the petitioner but the learned trial court dismissed the said application vide order dated 03.07.2021 and thereafter, the present bail application has been filed by the petitioner.
3. It is stated that the prosecutrix has not deposed anything against the petitioner and now only the formal witnesses are to be examined. The conclusion of the trial court may take considerable time and the peti
The presumption of innocence is in favor of the accused till he is held guilty, and the evidence brought on record after the commencement of trial should be considered in bail applications.
The main legal point established in the judgment is the importance of evaluating the evidentiary value of the prosecutrix's statement for the purpose of granting bail, and the court's authority to ta....
Grant of bail based on similarity of the case with a previously granted bail to a co-accused and without commenting on the merits of the case.
The delay in filing the FIR and the conduct of the complainant can raise doubts about the credibility of the allegations in cases of sexual offenses.
The significance of delay in filing the FIR, lack of supporting evidence, and voluntary actions of the complainant and the accused and his family are crucial factors in considering bail applications ....
The presumption of innocence until proven guilty and the need to avoid imposing pre-trial punishment on the accused are central legal principles established in the judgment.
The court held that a conviction for rape is unsafe solely on the testimony of the prosecutrix when there is significant delay in reporting and lack of corroborative evidence.
The presumption of innocence, the sufficiency of evidence, and the purpose of pre-trial incarceration were central to the court's decision in granting bail.
The main legal point established in the judgment is that at the time of considering the grant of bail, there should be no meticulous examination of the statements of the witnesses as it may influence....
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