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MOHAN LAL
Devinder Singh – Appellant
Versus
UT of Jammu and Kashmir – Respondent
JUDGMENT :
MOHAN LAL, J.
1. Since all the aforesaid three bail applications viz. BA No. 161/2021, B.A. No. 81/2021, B.A. No. 97/2021 arise out of a common FIR No. 136/2020 registered with Police Station Billawar (District Kathua) for commission of offences under sections 363, 376, 109 IPC r/w Sections 4/17 of the Protection of Children from Sexual Offences Act (POCSO Act), therefore, all of them are disposed of by this common order.
B.A No. 161/2021
In BA No. 161/2021 applicant has claimed bail in terms of Section 439 of the Code of Criminal Procedure (hereinafter referred to as the, “Code”) on the grounds, 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 under the Constitution and Criminal Procedure Code; that the applicant has a distant friend-Mr. Y, who is juvenile and in conflict with law, applicant belongs to a very decent family and works in his own shop situated on the roof of his residence; he has no criminal record and having full regard towards the law; that the applicant has never been involved in any case whether criminal or civil one; that
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 accused should not be detained by way of punishment, but his presence should be readily available for trial.
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....
Bail may be granted despite prior rejections if substantial changes in circumstances arise, including the completion of investigation and charge framing.
The main legal point established in the judgment is that the presumption of innocence, grant of bail as a general rule, and deprivation of personal liberty must be considered as punishment. The court....
The right to speedy trial under Article 21 can justify bail due to inordinate delays, despite the serious nature of criminal charges.
The court emphasized the need to balance the presumption of guilt under POCSO Act with the right to bail, considering the stage of trial and the applicant's circumstances.
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