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TASHI RABSTAN
Mohd. Javed – Appellant
Versus
Union Territory of J&K – Respondent
JUDGEMENT/ORDER :
1. In both the bail applications FIR as well as commission of offences is same, as such both are being taken up together.
2. The petitioners have filed these applications for grant of bail for the commission of offences punishable under Sections 363/376-D/109 IPC and 3/4 POCSO Act in case FIR No.29/2020 dated 12.02.2020 registered at Police Station Bari Brahamana, Jammu.
3. As per the prosecution story, on 12.02.2020, the father of prosecutrix lodged a complained before the Police Station Bari Brahmana, Jammu that his daughter, a student of Class 12th in S.P. Smart School Sarore, boarded school bus from Badhori. She alongwith other students was taken to Vijaypur by another bus by the school for practical examination, but she left the bus at Vijaypur. Thereafter, the prosecutrix boarded a matador for Bari Brahmana, for where she was kidnapped by the petitioners herein. In the morning at about 6:00 AM, the prosecutrix was thrown in the field near their house in unconscious condition. Petitioner/accused Mohd. Javed was arrested on 10.03.2020 and petitioner/accused Zahid Choudhary was arrested on 21.08.2020.
4. Learned counsel appearing for petitioner argued that the peti
The court considered the lack of support for the allegations, absence of prior criminal involvement, and the challenging period of COVID-19 pandemic in reaching its decision to grant bail.
The main legal point established in the judgment is the need to consider the specific circumstances of each case and apply the well-recognized principles for grant of bail, particularly in cases invo....
The court considered the statutory presumption of guilt operating against the accused in a case relating to an offence under the POCSO Act, the specific role of the accused in the alleged crime, and ....
The absence of evidence implicating the accused and unexplained delay in FIR lodging justified the granting of bail.
The gravity of the offences, the credibility of the victim's statement, and the possibility of the accused pressurizing the victim and tampering with evidence are crucial factors in determining bail ....
Bail Application - Offence of sexual assault - Mere non-filing of charge sheet cannot be a ground for rejection of the bail, especially when no evidence has been brought on record to keep accused beh....
The presumption of guilt under the POCSO Act applies, and the significant age difference between the accused and the victim renders the alleged crime particularly heinous.
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