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SANJAY DHAR
Mohd. Suleman, S/o. Shakar Din – Appellant
Versus
U. T. of J. &K. through Superintendent – Respondent
JUDGMENT :
1. The petitioner has invoked jurisdiction of this Court under Section 439 of the Code of Criminal Procedure seeking bail in a case arising out of FIR No. 128/2022 for offences under Sections 366, 376 and 109 IPC. The case is stated to be pending before the court of learned Principal Sessions Judge, Poonch (hereinafter to be referred as the trial court), where the trial is going on.
2. It is contended by the petitioner that he was arrested on 19.05.2022 in a false and frivolous FIR and that presently he is facing trial before the trial court. According to the petitioner, the statement of the prosecutrix has been recorded before the trial court during trial of the case and from her statement, it is clear that her version of the occurrence is unworthy of credit. The petitioner has further submitted that after recording of the statement of the prosecutrix, he had applied before the trial court for grant of bail but his application was rejected by the said court in terms of order dated 07.06.2023. It has been contended that the order of rejection of bail application of the petitioner has been passed by the trial court without correctly appreciating the material on record. T
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 presumption of innocence is in favor of the accused till he is held guilty, and the evidence brought on record after the commencement of trial should be considered in bail applications.
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 delay in mentioning the petitioner's name, the prosecutrix's inconsistent statements, and the prolonged trial without the prosecutrix appearing influenced the court's decision to grant regular ba....
The seriousness of alleged offences cannot be the sole reason for rejecting bail, as every person is presumed innocent until proven guilty.
Criminal Law - Offence of Rape - Bail Application - Petitioner had surrendered before court concerned on 03.09.2019 and since then he is in custody in this case - It is not disputed that no other cas....
Testimony inconsistency does not negate the seriousness of allegations in a bail application; grave accusations warrant denial of bail regardless of alleged discrepancies.
Grant of Bail - Offence of Sexual Offence and commit suicide - In view of different versions of prosecutrix forthcoming and other material placed on record like MLC, call detail record and in peculia....
Inconsistent statements from the prosecutrix and lack of sufficient incriminating evidence justified the grant of bail to the accused, highlighting the necessity for a prima facie case for custody.
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