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.

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 deceased consumed poisonous substance and ended her life. Thus, offence under Section 306 IPC has been found established against the petitioner and co-accused. The petitioner was arrested on 19.03.2023 and the challan was laid before the trial court and the trial is stated to be going on.

3. In the instant petition, it has been submitted that the petitioner has been involved in a false and fabricated case. It has been further submitted that the prosecution has failed to produce the mobile data and FSL report with regard to seized mobile phones of the petitioner and the deceased girl along with the charge sheet. Therefore, there is no material on record of the trial court to implicate the petitioner. It has been contended that the investigation of the case has been completed and the challan has been produced on 3rd May, 2023, therefore, keeping the petitioner in custody would not serve any purpose, particularly when he is not alleged to have committed any offence which is punishable with life imprisonment or death sentence. Lastly, it has been submitted that the petitioner is ready to abide by any condition that may be imposed upon him in case bail is granted in his favour.

4. The respondent-Union Territory has contested the bail application by stating that the petitioner has not made out any exceptional case so as to entitle him to the grant of bail. It has been submitted that the petitioner is involved in a serious offence carrying severe punishment, therefore, he should not be enlarged on bail. It has been further contended that the prosecution witnesses are yet to be examined and in case the petitioner is enlarged on bail, he may tamper with the prosecution witnesses. It has been submitted that the cell phones of the petitioner and the deceased have been sent for FSL examination but the report is still awaited. According to the respondent, there is enough material on record of the charge sheet to show the involvement of the petitioner in the alleged crime. It is further contended that the petitioner moved a bail application before the Court of Principal Sessions Judge, Ganderbal, which has been dismissed and that there is no change of circumstances after the dismissal of the said bail application.

5. I have heard learned counsel for the parties and perused record of the case including the trial court record.

6. So far as the principles governing the grant or refusal of bail are concerned, the same have been elucidated in a large number of judgments rendered by the Supreme Court and our own High Court. These principles may be summarized as under:

i. The gravity of the offence and the nature of the accusation including severity of punishment in the case of conviction;

ii. The position and status of the accused vis-a-vis the victims/witnesses;

iii. The