RAJNESH OSWAL
Mukesh Gupta – Appellant
Versus
Union Territory of J&K – Respondent
JUDGMENT :
Rajnesh Oswal, J.
1. The present application has been filed by the petitioner for grant of bail in charge sheet, titled, 'State vs. Mukesh Gupta' pending before the court of learned Sessions Judge, Reasi (hereinafter to be referred as the trial court) for commission of offences under Sections 376 and 506 RPC, arising out of FIR bearing No. 13/2019registered with the Police Station, Katra.
2. The petitioner claims to be a Government employee serving as a Senior Accountant with the Central Government Employees Welfare Housing Organization, Ministry of Urban Affairs at New Delhi and is seeking bail on the ground that he met the prosecutrix for the first time on 29.11.2011 at his office where she was introduced through a common friend. Thereafter, they continued to meet each other. Subsequently, the prosecutrix offered to involve the petitioner in her business activities and as such, the petitioner and the prosecutrix were doing business together wherein the petitioner made huge investment after withdrawing it from the provident fund, bank account and availing few bank loans. The petitioner along with the prosecutrix and her mother had also gone for several outstation vacations
The court established that the presumption of innocence and the right to a fair trial must be balanced against the seriousness of the charges, allowing for bail in cases where the prosecution has not....
The presumption of innocence and the requirement of substantial evidence are critical in bail proceedings, particularly in cases involving serious allegations under the IPC and SC/ST Act.
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 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....
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....
The court's refusal of bail reinforces that serious allegations of sexual offences require thorough examination at trial, negating claims of consensual relations based on prior friendships or financi....
Point of Law : Court does not mitigate allegations made by prosecutrix against petitioner in her statement under Section 164 Cr.P.C, and first statement given to police.
Point of Law : 7. Petitioner cannot be kept behind bars for an unlimited period, as investigation is complete and challan stands presented in learned trial Court, fact that petitioner is neither in a....
Point of Law : Petitioner allegedly transmitted the obscene photographs of the prosecutrix to the prosecutrix’s brother bringing him prima facie withing the domain of Section 67 of the IT Act, 2020, ....
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