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MOHD. AKRAM CHOWDHARY
Aqib Ahmad Baba – Appellant
Versus
Union Territory of J&K Th. Station House Officer, Police Station, Chadoora, District Budgam – Respondent
| Table of Content |
|---|
| 1. background of the bail application. (Para 1 , 2) |
| 2. arguments presented by both parties. (Para 3 , 4 , 5 , 6 , 7 , 8) |
| 3. court's observations on the case. (Para 9 , 10 , 11 , 12) |
| 4. final decision regarding bail. (Para 13 , 14) |
JUDGEMENT
1. This Order shall dispose of the instant Bail Application moved for grant of bail by the Petitioner, who has been denied bail by the Court of learned Principal Sessions Judge, Budgam, vide his Order dated 17th of November, 2023 in a Bail Application No. 218/M titled 'Aqib Ahmad Baba v. UT of J&K'.
2. In the Application, it has been asserted that a case came to be registered vide FIR No. 175/2018 of Police Station, Chadoora, on 23rd of November, 2018, on a complaint of the father of a boy (name withheld), who was alleged to have been sexually harassed by the Petitioner, when he had visited the shop of the Petitioner. It is alleged that the aforesaid case had been registered against the Petitioner on account of some personal vengeance due to neighborhood fight; that the investigation into the FIR concluded into a charge sheet, which was laid before the Court of learned Judicial Magistrate, Chadoora and the Petitioner, as accused, was g
Denial of bail based solely on the severity of charges against a minor is not justified when the accused has maintained prior bail conditions, and a prolonged trial warrants reconsideration.
The petitioner will not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the I....
Court affirmed that granting bail in sexual harassment cases involving minors poses risks to victim safety and potential witness tampering.
Bail Application - Offence of sexual assault - Mere non-filing of charge sheet cannot be a ground for rejection of the bail, especially when no evidence has been brought on record to keep accused beh....
Bail – Presumption under Sections 29 and 30 of POCSO Act cannot be applied in absolute terms to application seeking bail.
The court determined that bail was inappropriate due to the severity of allegations and potential witness tampering, especially in cases involving child victims.
Bail is a rule and rejection is an exception. The court must consider various factors, including the nature and seriousness of the offence, when deciding on bail in a non-bailable offence.
Various principles to be kept in mind, while deciding petition for bail viz. prima facie case, nature and gravity of accusation, punishment involved, apprehension of repetition of offence and witness....
The main legal point established in the judgment is the presumption of innocence, the importance of a humane approach in bail applications, and the need for a speedy trial, as emphasized by the provi....
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