MOHAN LAL
Badri Nath – Appellant
Versus
Union Territory of Jammu and Kashmir – Respondent
JUDGMENT :
MOHAN LAL, J.
1. Petitioner has sought regular bail in terms of Section 436A/439 of the Code of Criminal Procedure (hereinafter referred as the 'code') in case FIR No. 40/2020 registered with Police Station Bari Brahmna District Samba for infraction of provisions contrary to the offences punishable under sections 354A/452/506 IPC r/w Section 8 of POCSO Act. It is averred, that petitioner has been implicated in false and frivolous case although he has not committed any offence nor is involved in the commission of any such offence; that he is a peace loving and law abiding citizen of India and permanent resident of UT of J&K hence entitled to the constitutional, fundamental, legal and statutory rights available to him under the Constitution and Criminal Procedure Code; that the petitioner is a under trial prisoner and is behind the bar for the last more than two (2) years without any fault on his part; that after the production of challan in the aforesaid FIR before the Court of learned Principal Sessions Judge Samba on 18.07.2020 the prosecution has produced all the material witnesses thereby leaving no scope of tampering the witnesses; that the petitioner had earlier moved
Arjun Katal and Ors. vs. State of J&K & Ors. 2016 (2) JKJ 702 [HC]
The accused should not be detained by way of punishment, but his presence should be readily available for trial.
The presumption of innocence, the right to liberty, and the need to secure the presence of the accused for trial were central legal principles established in the judgment.
Bail – Mere apprehension that accused would temper with prosecution evidence or intimidate witnesses cannot be a ground to refuse bail unless prosecution shows that accused actually tried such temper....
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 the presumption of innocence, the importance of considering delay in trial when granting bail, and the need for a humane attitude in dealing with b....
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.
The main legal point established in the judgment is the presumption of innocence, the importance of a humane approach in bail applications, and the need for a speedy trial, as emphasized by the provi....
The approach of the court in granting bail should not be to detain the accused by way of punishment, and material witnesses cannot be easily influenced by the accused.
The main legal point established in the judgment is the requirement of sexual intent for the offence of sexual harassment under the POCSO Act, the presumption of innocence until proven guilty, and th....
The main legal point established in the judgment is the discretion of the court in granting bail, considering the severity of the offence, medical grounds, and delay in trial, while emphasizing the p....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.