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TASHI RABSTAN
Romesh Kumar – Appellant
Versus
Union Territory of J&K – Respondent
JUDGMENT :
TASHI RABSTAN, J.
1. The applicant has moved this application for seeking grant of bail in case FIR No. 75/2021 registered with Police Station, Domana for allegedly committing the offence punishable under Section 376/343/323 IPC, who is in custody since 03.07.2021. It is contended that the applicant has earlier also filed an application for grant of bail before the learned Fast Track court Jammu, which came to be dismissed on 14.09.2021.
2. The prosecution case in brief is that on 06.02.2021 the prosecutrix was locked in the room for two days and tried to rape her by force, however, she had a narrow escape and on 09.02.2021 the prosecutrix approached the SHO, Police Station, Domana for registering complaint against the accused under Section 376/511 IPC but the SHO did not registered the complaint rather he asked the complainant to compromise.
3. The Police Station, Domana, accordingly, registered FIR No. 75/2021 under Section 376/511 IPC against the applicant as well as husband of the prosecutrix, namely, Pawan Kumar and during the course of investigation the statement of the witnesses under Section 161 Cr.P.C. was recorded and medical examination of the victim from the Dist
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....
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 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 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 judgment emphasizes the need to balance the presumption of innocence with the rights of the victim and accused, and highlights the accountability of complainants in criminal trials.
The Court's decision was influenced by the prosecutrix's statement and the lack of mention of the petitioner's name in the police statement, highlighting the importance of consistency and credibility....
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 alleged offences cannot be the sole reason for rejecting bail, as every person is presumed innocent until proven guilty.
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 established that under Section 438 CrPC, bail may be granted when there is a reasonable apprehension of false implications in criminal cases, particularly when the accused's medical conditi....
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