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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
MOHD YOUSUF WANI
Smanla Dorje Nurboo, S/o. Sh. Tsering Dorje – Appellant
Versus
Union Territory of Ladakh, Through SHO Police Station, Leh – Respondent
| Table of Content |
|---|
| 1. custody duration, charge-sheet, co-accused parity favor bail (Para 10 , 11 , 12 , 13) |
| 2. bail rule over jail absent flight or tampering risk (Para 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22) |
| 3. bail granted with conditions ensuring trial fairness (Para 23 , 24 , 25 , 26 , 27) |
JUDGMENT :
MOHD YOUSUF WANI, J.
01. Through the medium of instant successive petitions filed in terms of the provisions of Section 483 of the Bharatiya Nagrik Suraksha Sanhita, 2023 (hereinafter referred to as BNSS for short), the petitioners have sought bail in case FIR No. 144/2025 dated 25.09.2025 of Police Station, Leh, in their favour on the grounds inter alia that they are innocent and have not committed the alleged offences under the case FIR. That they have been falsely and frivolously implicated in the case FIR on the basis of political rivalry. That their plea regarding their innocence has by and enlarge remained unrebutted before the Courts below. That the alleged statement/press conference attributed to the Petitioner No.1-Smanla Dorje Nurboo was made by him in good faith as a public representative concerning the health conditions of the persons who were on the hunger strike and were
Bail is rule, not exception, in non-bailable offences without death/life imprisonment bar post charge-sheet; parity with co-accused; influential status mitigated by conditions preventing tampering; p....
The main legal point established in the judgment is that the grant of bail depends on various factors, including the nature of the offence, the presumption of innocence, and the need for a humane att....
Point of Law : Grant of Bail - Petitioner cannot be made to languish behind bars for a longer period of time, and that veracity of allegations levelled against him can be tested during trial.
The presumption of innocence, the humane treatment of accused individuals, and the balance between personal liberty and the security of the community are central legal principles established in the j....
Bail is the rule and jail is the exception, and Courts must exercise their jurisdiction to uphold the tenets of personal liberty, subject to rightful regulation of the same by validly enacted legisla....
The main legal point established in the judgment is the intricate balance between securing the personal liberty of an individual and ensuring that this liberty does not lead to an eventual disturbanc....
The court emphasized the need to balance personal liberty with the enforcement of criminal law and the duty to ensure that the law does not become a tool for targeted harassment.
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