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No Bail in case of Serious and Heinous Offences: High Court of Jammu & Kashmir and Ladakh at Jammu

Where there is a charge for a heinous and serious offence, there is no reason for the Court to grant bail, as observed by the High Court of Jammu & Kashmir and Ladakh at Jammu, before the HON’BLE JUSTICE MR. RAJNESH OSWAL, in the matter of Sandeep Singh vs. Union Territory of Jammu & Kashmir and Ors. [Bail App No. 138/2021], on 10.12.21.

The facts of the case were that as per a status report filed by the official respondent, it has been stated that on 11.02.2021, complainant lodged a written report at Police Post, Talab Tillo, Jammu that on 10.02.2021, her minor daughter, a student of 11th standard of Government Higher Secondary School, Nowabad, Talab Tillo, Jammu had gone to school but did not return. It came to the complainant’s knowledge later that her minor daughter had been kidnapped by the petitioner by using his scooty. On the basis of this information, an FIR was registered under Section 363 of the Indian Penal Code, 1860. The girl was recovered from possession of the petitioner from Pathankot and he was arrested. During the further investigation, the medical assessment of the victim girl was conducted from the Government Hospital, Sarwal and her statement was recorded under Section 164 of the Criminal Procedure Code, 1973. After the conclusion of the investigation, the chargesheet for commission of offences under Section 363, 376 of the Indian Penal Code, 1860, and Section 84 of the Juvenile Justice (Care and Protection of Children) Act, 2015 and Sections 3 and 4 of the Protection of Children from Sexual Offences Act, 2012, was filed against the petitioner.

The Learned Counsel for the Petitioner, Mr. Raghbir Singh argued that the petitioner has filed the present application for grant of bail on the ground that he was arrested in February 2021 in a false and frivolous case and further that the prosecutrix was very close to the petitioner and visited number of times at the residence of the petitioner, and the prosecutrix herself accompanied the petitioner.

The Learned Counsel for the Respondent, Mr. Sanjeev Padha, submitted that the trial had not yet begun and the witnesses had not been examined. Additionally, it was stated that the petitioner is guilty of committing a heinous offence and as such, he is not entitled to bail, and the concession of bail can thus not be availed.

The Honourable High Court of Jammu & Kashmir and Ladakh at Srinagar, after perusing the record, held that there are very serious charges against the petitioner of abducting or kidnapping a minor girl and committing rape upon her. It was observed that the matter wa pending before the trial Court and the statements of the witnesses are yet to be recorded. In view of such discussions, the Court did not find any reason, whatsoever, to grant bail to the petitioner. As such, the present bail application was found to be misconceived and the same was dismissed.

Click here to read the judgement.

Judgement reviewed by Bhargavi.

 

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