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SANJAY DHAR
Sajad Ahmad Sangu – Appellant
Versus
UT of J&K – Respondent
JUDGMENT :
1. The petitioner is seeking bail in a case arising out of FIR No. 62 of 2023 for offence under Section 306 of IPC registered with Police Station, Ganderbal.
2. Briefly stated, case of the prosecution is that on 19.03.2023, the police received an information that the victim girl has tried to commit suicide by consuming some poisonous substance. On the basis of this information, FIR No. 62 of 2023 for offence under section 309 IPC was registered and investigation was set into motion. During investigation of the case, the victim girl breathed her last on 20.03.2023 in SKIMS, Soura. Thus, offence under section 306 IPC was substituted in place of offence under Section 309 IPC. The police proceeded to record the statements of the witnesses under Section 161 and 164 of Cr.P.C. The postmortem of the dead body of the deceased was conducted and opinion of the doctors was obtained, according to which the death of the deceased girl had taken place due to poisoning. The police, during investigation of the case, found that the deceased girl was being blackmailed by the accused/petitioner herein as he was threatening to upload her photographs on social media. It is for this reason that
The court emphasized that bail should be granted when there is insufficient evidence to suggest tampering or flight risk, particularly when continued detention amounts to punishment without trial.
The court considered the petitioner's custody duration, the need for his presence only for trial, and the lack of criminal antecedents in granting bail and imposed specific conditions to address the ....
Bail is a rule and jail is an exception, and the court may grant bail considering the accused's personal circumstances and the need to ensure the accused's presence for trial.
The main legal point established in the judgment is the discretionary nature of granting bail, the requirement of balancing various factors while considering a bail application, and the need to consi....
The court's decision hinged on the discrepancy between the allegations in the charge-sheet and the victim's cause of death, emphasizing the importance of accurate allegations in criminal cases.
The court ruled that the petitioner established reasonable grounds for bail due to insufficient evidence implicating him in the alleged crime.
The court emphasized that bail should not be granted if there is a strong likelihood of witness tampering and the accused is charged with a serious offence.
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.
The statutory presumption of guilt under the POCSO Act can be rebutted during trial, and bail can be granted based on the specific facts and circumstances of each case.
POCSO Act – Grant of Bail - Love affair with the prosecutrix and entire story of prosecution that he kidnapped the prosecutrix and raped her, is concocted.
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