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M. A. CHOWDHARY
Benia Been S/o Noor Baksh – Appellant
Versus
Union Territory of J&K – Respondent
JUDGMENT :
1. Petitioners facing trial in a case arising out of FIR No. 69/2021 registered at Police Station, Udhampur before the Court of learned Additional Sessions Judge, Udhampur and having been charge-sheeted for the commission of offence punishable under Section 376-D IPC on 17.08.2021 and on rejection of their application for grant of bail by the trial Court vide order dated 11.07.2023, have moved this application for grant of bail before this Court.
2. It has been pleaded that the prosecution evidence has been completed, the accused have also been examined in terms of Section 313 CrPC and asked to enter upon their defence; that the medical evidence produced by the prosecution totally falsifies the prosecution story and the version of the complainant/prosecutrix; that there are major contradictions/improvements in the prosecution evidence recorded before the trial Court; that one of the petitioner, namely, Roshan Din is more than 66 years of age having his right arm amputated about eight years ago, as such, the accusation that he was holding arms of prosecutrix is not possible to be believed by his such handicap; that the petitioners had been made to suffer incarceration for t
The court highlighted the presumption of innocence, the right to personal liberty, and the discretionary nature of bail in balancing the interests of the accused and the society.
The court emphasized that the accused should not be detained by way of punishment, and refusing bail would amount to punishing the accused without trial. The right to liberty and a speedy trial are f....
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 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 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 seriousness of the offences, nature of evidence, and principles of bail as established by the Apex Court are crucial factors in determining entitlement to bail.
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....
Bail is granted based on the presumption of innocence, emphasizing that bail is the rule and imprisonment is the exception, with no evidence suggesting flight or intimidation of witnesses.
The presumption of innocence and the right to personal liberty are fundamental principles in criminal jurisprudence, guiding the court's decision to grant bail unless compelling reasons exist to deny....
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