MOHAN LAL
Parshotam Singh – Appellant
Versus
Union Territory of Jammu & Kashmir Through SHO/Incharge Police Station, Ramban – Respondent
JUDGMENT :
1. Applicant/accused indicted in case FIR No. 175/2021 registered with Police Station Ramban for commission of offences u/s 377 IPC & 3/4 POCSO Act has claimed bail on the grounds, that a false, frivolous fictitious and manipulated FIR on the basis of verbal version of one of the family members of the victim without any medical evidence has been registered as a counter blast to FIR No. 170/2021 registered with Police Station Ramban whereby two (2) members of the said family have already been booked for commission of offences u/s 8/20 NDPS Act in FIR No. 171/2021 and the final report prepared wherein one Amar Singh & Khem Raj sons of Bhagat Ram R/o Village Nagal Ganote Tehsil & District Ramban have been arrayed as accused, whereas Khem Raj S/o Partap Singh and Partap Singh S/o Sant Ram have been shown as witnesses; that the applicant/accused has been arrested for commission of offence u/s 377 IPC r/w 3/4 POCSO Act without any medical evidence; that the trial court has framed the charges against applicant/accused on 21-12-2021 and since then applicant is facing trial; that the applicant/accused moved bail application before the trial court on 27-10-2021 and on 10-02-2022 th
Jagdish Kumar & Ors. Versus State & Ors.
The accused should not be detained by way of punishment, but his presence should be readily available 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 court established that the denial of bail should not serve as a pre-trial punishment and emphasized the importance of the accused's right to liberty and a speedy trial.
The approach of the court in granting bail should not be to detain the accused by way of punishment, and material witnesses cannot be easily influenced by the accused.
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.
The main legal point established in the judgment is that bail is the rule and jail is an exception, especially in cases where there is delay in concluding the trial and no conclusive evidence connect....
The court emphasized that the severity of the crime and potential interference with the investigation justify the denial of bail, aligning individual liberty with societal safety.
The presumption of innocence and the right to bail are fundamental principles of criminal jurisprudence, emphasizing that bail should not be denied as a form of punishment and that the presence of th....
The main legal point established is that the presumption of innocence, the need for a speedy trial, and the balance between personal liberty and the investigational right of the police are crucial fa....
The court emphasized that bail should not be granted if there is a strong likelihood of witness tampering and the accused is charged with a serious offence.
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