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SANJAY DHAR
Ishfaq Ahmad Mir – Appellant
Versus
UT of J&K Through Superintendent of Central Jail Srinagar – Respondent
JUDGMENT :
Sanjay Dhar, J.
1. Petitioner has filed the present petition under Section 439 of Cr.P.C. seeking bail in FIR No.11/2021 for offences under Section 363, 376 IPC and 3/4 POCSO Act registered with Police Station, Rajbagh, Srinagar.
2. It is averred in the petition, that the prosecutrix in her statement recorded under Section 164 Cr.P.C., during the investigation of the case, has not implicated the petitioner. It is also averred that the petitioner had approached the learned Special Court for grant of bail but his bail application was rejected by the said Court in terms of order dated 31.07.2021, on the ground, that the allegations against the petitioner are serious in nature and that no sufficient grounds exist for granting bail to him.
3. The bail application has been resisted by the respondents by filing reply thereto. In their reply respondents have submitted that, on 02.03.2021, Police Station Rajbagh Srinagar, received a written complaint from one, Mohammad Sultan Lone, the father of the prosecutrix, that his daughter has been kidnapped by some unknown person with intention to commit rape upon her. Thus, FIR No. 11 of 2021, for offences under Section 363 and 376 IPC, was
The presumption of guilt under Section 29 of the POCSO Act can be rebutted by the accused, and the absence of foundational facts to support the presumption can lead to the granting of bail.
The presumption of guilt under Section 29 of the POCSO Act can be rebutted by the accused if foundational facts are not established, and the court must consider the evidence presented when deciding o....
The right of the accused to rebut the presumption of guilt under the POCSO Act and the importance of analyzing foundational facts to trigger the presumption.
The main legal point established in the judgment is the need to consider the specific circumstances of each case and apply the well-recognized principles for grant of bail, particularly in cases invo....
The presumption of guilt under the POCSO Act is rebuttable, and if the accused can demonstrate a prima facie case of innocence, bail may be granted despite the serious nature of the charges.
The presumption of guilt under the POCSO Act applies, and the significant age difference between the accused and the victim renders the alleged crime particularly heinous.
The presumption of guilt under the POCSO Act does not negate the possibility of bail; each case must be assessed individually based on its specific circumstances.
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