LAWS(J&K)-2021-1-30

BABLU SHARMA Vs. UNION TERRITORY OF J&K

Decided On January 29, 2021
BABLU SHARMA Appellant
V/S
Union Territory Of JAndK Respondents

JUDGEMENT

(1.) The present application has been filed by the petitioner seeking bail in FIR No. 32/2020 of Police Station, Katra, Reasi for commission of offences under sections 307, 341, 323, 147, 382, 120-B IPC and 4/25 Arms Act after his application for grant of bail was rejected by the learned Principal Sessions Judge, Reasi (hereinafter to be referred as the trial court) on 13.06.2020.

(2.) The petitioner is seeking bail on the ground that he figures as an accused in the challan, titled, "Union Territory of J&K vs. Deepak Kumar and others" arising out of FIR (supra) registered on 19.02.2020 and on the same day, the petitioner was arrested in the abovementioned FIR. After the conclusion of investigation, the challan stands filed before the trial court during the lockdown in the month of April, 2020. It is further stated that due to COVID-19 pandemic, charges have not been framed and the petitioner has been in custody for the last 11 months without trial. It is further stated that the petitioner is suffering from immune deficiency disease and this fact came to his knowledge when he was admitted in GMCH Jammu vide MRD No. 987950 dated 27.02.2020. It is also submitted that he wants to get himself treated outside the State and needs proper care.

(3.) The respondent-Union Territory has filed the objections, in which the respondent has opposed the bail application on the ground that the offence committed by the petitioner is heinous in nature and in order to restore the confidence of general public in the administration of justice, the present bail application deserves to be dismissed.