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IN THE HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT JAMMU
MA CHOWDHARY
Joginder Singh, S/o. Sh. Singara Singh – Appellant
Versus
Union Territory of J&K, through Superintendent District Jail, Kathua – Respondent
ORDER :
MA CHOWDHARY , J.
01. Applicants, through the medium of present bail application moved U/S 483 BNSS seek grant of bail, in a case pending before Trial Court at Samba, arising out of FIR No.28/2024 registered on 24.01.2024 at P/S Samba, for the commission of offences punishable under Sections 363/366/120-B/212 IPC, read with Sections 3/4/17 of the Protection of Children from Sexual Offences Act, 2012 (for short ‘POCSO Act’).
02. Facts as pleaded in the application, leading to the filing of the petition are that on 23.01.2024, complainant/respondent no.3 moved an application before SHO, Police Station, Samba that his granddaughter, had gone missing and it has come to his notice that a boy namely Manish used to make phone calls to her and has taken her with him. On this information, FIR No.28/2024 for commission of offence U/S 363 IPC was registered and investigation was assigned to the IO, who went on spot, recorded the statements of witnesses, obtained CDRs/SDRs of some suspicious mobile numbers and conducted search of the girl; that during enquiry, one of the friends of accused namely Surjeet Singh disclosed that on 30.01.2024, accused Sumit Kumar @ Manish called him and told
Mere transportation of minor victim and co-accused to offence site does not prove abetment under POCSO Section 17 without evidence of instigation, conspiracy or aiding commission; bail granted post-c....
Bail – Presumption under Sections 29 and 30 of POCSO Act cannot be applied in absolute terms to application seeking bail.
Bail is the rule and jail is the exception; the court emphasized the presumption of innocence and the need for a balanced approach in serious offences against minors.
The main legal point established in the judgment is the presumption of innocence, the importance of considering delay in trial when granting bail, and the need for a humane attitude in dealing with b....
(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 gravity of accusations and the applicant's custody duration are vital in bail considerations, with serious charges warranting denial while ensuring speedy trials.
Though accused has right to make successive applications for grant of bail, court entertaining such subsequent bail applications has a duty to consider reasons and grounds on which earlier bail appli....
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