SANJAY KUMAR RAI Vs. STATE OF JK

JUDGEMENT

(1.) By the medium of this application, the applicant has craved the indulgence of this Court in admitting him to bail in case bearing FIR No.271/2011, registered at Police Station Kulgam, for the commission of offences punishable under Sections 302 and 307 of the RPC.

(2.) The background facts vital for the determination of the issues under consideration are that a case bearing FIR No. 271/2011, came to be registered at Police Station, Kulgam, on the set of facts that on 24th of December, 2011, at 22:20 hours, four CRPF personnel were fired upon in 18 Bn CRPF Camp in the barrack itself, at a time when they were sleeping on the carts, as a consequence of which, three of them gave up the ghost while as the fourth one sustained serious injuries. Subsequently, the applicant was roped in the commission of this crime on the ground that his involvement surfaced in this gruesome incident.

(3.) In this application, the applicant has pleaded that the police authorities filed a charge sheet against him in the Court in the year 2012, citing as many as 33 persons as witnesses to the case. After framing the charge against the applicant, the Prosecution was directed to produce the evidence. On the 27th of April, 2016, when the statements of 19 witnesses were recorded by the Court, the applicant submitted an application for his release on bail before the learned trial Court, stating therein that since all the important witnesses have been examined in the case, therefore, his further detention is not warranted, as it will amount to pretrial punishment. It was also stated that he will not tamper with the Prosecution evidence and his prolonged incarceration has badly affected his family, including his children, who have been forced to face starvation. It was also stated that the applicant has to arrange for his defence and, in case, he remains in custody, he cannot effectively defend himself, which will result in violating his legal, fundamental and constitutional rights.