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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
SANJAY DHAR, J.
Sajad Ahmad Khan - Petitioner
Versus
UT of J&K - Respondent
Bail App. No. 124 of 2021
Decided On : 11-05-2022
BAIL - Criminal Law - Cr.P.C. - Section 439 - 307, 498 IPC - [307, 498 IPC] - The court discussed the principles governing the grant or refusal of bail and considered the nature and gravity of the accusation, the position and status of the accused vis-a-vis the victim/witnesses, the likelihood of the accused fleeing from justice, the possibility of the accused tampering with the evidence and/or witnesses, the possibility of repetition of the offence, the stage of the investigation, and the larger interest of the public or the State. The court found that the petitioner had been able to carve out a case for grant of bail in his favor and that any further incarceration of the petitioner would amount to imposing pre-trial punishment upon him which is impermissible in law.
Fact of the Case:
The petitioner sought bail in a case involving charges under section 307, 498 IPC for allegedly subjecting his wife to cruelty and setting her ablaze. The trial court had dismissed a previous bail application, and the charge sheet had been filed against the petitioner.
Finding of the Court:
The court found that the petitioner had been able to carve out a case for grant of bail in his favor and that any further incarceration of the petitioner would amount to imposing pre-trial punishment upon him which is impermissible in law.
Issues: The main issue was whether the petitioner should be granted bail in a case involving serious allegations of subjecting his wife to cruelty and setting her ablaze.
Ratio Decidendi: The court considered the nature and gravity of the accusation, the position and status of the accused vis-a-vis the victim/witnesses, the likelihood of the accused fleeing from justice, the possibility of the accused tampering with the evidence and/or witnesses, the possibility of repetition of the offence, the stage of the investigation, and the larger interest of the public or the State in determining whether bail should be granted.
Final Decision: The petition was allowed, and the petitioner was admitted to bail in the case subject to certain conditions.
JUDGMENT :
1. The petitioner has invoked the jurisdiction of this Court under section 439 of Cr.P.C. seeking bail in a case arising out of F.I.R. No. 17/2021 for offences under section 307, 498 IPC registered with Police Station, Mattan, Anantnag.
2. Briefly stated, the case of the prosecution is that on 29.03.2021, the complainant, who happens to be the brother of the victim, lodged a report with the police alleging therein that his sister, PW-Shogi Jan, had entered into a wedlock with petitioner/accused and that he used to subject her to cruelty. It was further alleged that on 24th of March, 2021, the petitioner/accused sprinkled kerosene oil upon his wife/victim and set her ablaze within an intention to kill her. The victim received grievous burn injuries and she was taken to hospital at Anantnag wherefrom she was referred to hospital at Srinagar for further treatment. On receipt of this report, police registered the F.I.R and started investigation of the case. The petitioner was arrested on 30.03.2021. In the meantime, the victim was discharged from the hospital on 04.04.2021. After investigation, offences under Section 307, 498A IPC were found established against the petitioner and charge sheet was laid before the trial court.
3. It has been contended by the petitioner that on the basis of some trivial issue, there was usual exchange of words between him and his wife and it is the victim who set herself on fire and that he has not committed any offence. It is averred that the allegations levelled in the F.I.R and the challan against the petitioner are frivolous and baseless. It is further averred that the relation between the petitioner and his wife have not remained smooth as the victim used to quarrel with him on petty issues. It is further averred that the matter was settled by Anjuman-e-Auqaf Markazi Jamia Masjid, Gopalpora but in spite of that, the F.I.R came to be lodged by the brother of the victim. It is contended that the petitioner is entitled to bail as his liberty cannot be curtailed on the basis of false and frivolous allegations. It is further averred that the petitioner is ready to abide by all the conditions that may be imposed by this Court in case he is admitted to bail.
4. The petition has been resisted by the respondents by filing a reply thereto. In their reply respondents have reiterated the allegations made in the challan against the petitioner. It has been contended by learned counsel for the respondents that the offences committed by the petitioner are of very serious nature, as such, he does not deserve the concession of bail.
5. I have heard learned counsel for the parties and perused the material on record.
6. It appears that prior to filing of this application, the petitioner had approached the trial court for grant of bail during the investigation of the case. The said application was dismissed by the learned trial court vide its order dated 28.06.2021 by observing that the investigation of the case is still in progress and that the allegations against the petitioner are of serious nature. The trial court record reveals that the charge sheet has been filed against the petitioner and even the charges have also been framed against him. It is also revealed that the statement of the victim and two more prosecution witnesses have been recorded by the trial court.
7. Before coming to the merits of the rival submissions made by the parties, it would be apt to notice the principles governing the grant or refusal of bail. The same have been elucidated in a number of judgments rendered by the Supreme Court and this High Court. These principles may be summarized as under :
(ii) The position and status of the accused vis-a-vis the victim/witnesses;
(iii) The likelihood of the accused fleeing from justice;
(iv) The possibility of the accused tampering with the evidence and/or witnesses and obstructing the course of justice;
(v) The possi
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