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SANJEEV KUMAR
Waseem Akram – Appellant
Versus
UT Of J. & K. – Respondent
JUDGMENT :
1. The petitioners having surrendered before this Court seek bail in FIR No.351/2021 dated 28th October, 2021 under Sections 354/342, 498, 498-A, 504/506 IPC registered at Police Station Bahu Fort, Jammu, as also in offence under Section 376, 376-D of IPC added subsequently to the FIR on the basis of statement of respondent No.2 recorded under Section 164 of Cr. P. C.
2. Before adverting to the grounds urged for seeking bail, it is necessary to state few facts relevant to the disposal of this bail application.
3. Genesis of the entire dispute lies in matrimonial discord between the complainant and her husband Razak Hussain who got married on 23.10.2020 as per Muslim rites and rituals. The accused Bilal Hussain is father-in-law and accused Suraya Bibi is mother-in-law of respondent No.2. The other two accused in the FIR, namely, Waseem Akram and Sahil Chowdhary, who are petitioners in this bail application, are real brother and cousin of Razak Hussain respectively. As is evident from reading of the FIR registered by the police on the basis of a written complaint filed by respondent No.2 before Inspector General of Police, Jammu, the husband of respondent No.2, her father-
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 seriousness of the allegations, including gang rape, influenced the court's decision in revoking the interim bail for two of the petitioners while granting bail to the others.
The court emphasized that bail should be denied in serious offences like rape, highlighting the severity of the charge, nature of evidence, and potential for witness tampering as critical considerati....
Grant of Bail - Bail is not to be withheld as a punishment.
The court emphasized that the severity of the crime and potential interference with the investigation justify the denial of bail, aligning individual liberty with societal safety.
Bail denied in heinous POCSO offence involving minor rape due to prima facie case, accused's absconding history risking flight, and no undue trial delay despite charge-sheet and witness examination.
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 main legal point established in the judgment is that the seriousness of the offence, the nature of the evidence, and the likelihood of the accused interfering with the process of justice are cruc....
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