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RAJNESH OSWAL
Pritam Singh – Appellant
Versus
UT of Jammu and Kashmir – Respondent
JUDGMENT :
Rajnesh Oswal, J.
1. Both the applicants in these two bail applications had filed separate bail applications before the Court of learned Principal Sessions Judge, Udhampur (hereinafter to be referred as 'the trial court') for grant of bail in Charge-sheet titled UT of J&K v. Ravi Kumar & Anr. and the learned trial court vide common order dated 04.06.2022 dismissed both the applications.
2. Now, the applicants have filed two separate applications for grant of bail. The applicant, namely, Pritam Singh has filed an application bearing No. 273/2022 for grant of bail on the ground that the mother of the prosecutrix had levelled false and frivolous allegations against the petitioner that obscene pictures/photos were sent on her Whatsapp account by the petitioner. It is stated by the petitioner that he is illiterate and he knows nothing about Whatsapp messages or call to the prosecutrix and had never sent any obscene picture. It is further stated that even the alleged photographs are not annexed with the charge-sheet by the Investigating Officer. He has raised a defence that his Whatsapp account might have been hacked by someone.
3. The applicant, namely, Ravi Kumar has filed an ap
The gravity of accusations and the applicant's custody duration are vital in bail considerations, with serious charges warranting denial while ensuring speedy trials.
The severity of the allegations, the credibility of the complainant's statements, and the need for an expedited trial were central to the court's decision in granting bail to the accused.
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, ....
The testimony of the prosecutrix in sexual assault cases is crucial and can be sufficient for conviction, with the presumption of guilt under the POCSO Act placing the burden of proof on the accused.
(1) Consensual sex has been in legal grey area because consent given by minor cannot be said to be a valid consent in eyes of law.(2) Young age of accused can be a valid consideration for grant of ba....
The court emphasized that bail should be denied in serious offences like rape, highlighting the severity of the charge, nature of evidence, and potential for witness tampering as critical considerati....
Bail – Presumption under Sections 29 and 30 of POCSO Act cannot be applied in absolute terms to application seeking bail.
Bail – Court should be circumspect in granting bail in POCSO cases.
The consensual nature of the relationship, the age of the accused and the prosecutrix, and discrepancies in the statements given at different times are crucial factors in considering bail under POCSO....
The consensual nature of a relationship and the age of the prosecutrix are crucial factors in considering bail applications in cases involving charges under the POCSO Act.
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