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SANJAY DHAR
Ab. Qayoom Sheikh – Appellant
Versus
UT of J&K Through SHO P/S Achabal – Respondent
JUDGEMENT/ORDER :
1. The petitioner is seeking bail, in connection with a case arising out of FIR No.08/2021 for offences under Section 354, 354-A, 451, 506, 376, 511 IPC registered with Police Station, Achabal, Anantnag.
2. Before coming to the grounds urged in the bail application, it would be apt to refer to the prosecution case as emanates from the charge sheet laid before the trial court.
3. On 09.10.2021, the prosecutrix lodged a written report before the police of Police Station, Achabal, alleging therein that the petitioner has abused her once again and that when she was coming back to her home after fetching bread, the petitioner abused her and used foul language. On the next day also, the petitioner wrongfully restrained her and threatened to kill her. On the basis of this report, police registered FIR No. 108/2021 for offence u/s 341, 306 IPC and started investigation of the case. The statement of the prosecutrix under Section 161 Cr.P.C. was recorded, on the basis of which offences under Section 354, 354-A and 451 IPC were added to the case.
4. It seems that statement of the prosecutrix was also recorded under Section 164 Cr.P.C. before the Judicial Magistrate, 1st Class, S
The seriousness of alleged offences cannot be the sole reason for rejecting bail, as every person is presumed innocent until proven guilty.
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 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....
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....
The need for a substantial change in circumstances for successive bail applications and the limited impact of the period spent in custody and the framing of charges on the bail application.
The gravity and seriousness of the offence are crucial factors in deciding bail applications.
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