Kanoon Ki Dastak
Jammu, May 20, 2025: In a significant observation while granting bail to a dowry death accused, the High Court of Jammu and Kashmir and Ladakh has reiterated that bail decisions must prioritize constitutional safeguards and the presumption of innocence, not serve as a form of punishment.
Justice Moksha Khajuria Kazmi, while deciding the bail application of Kala Ram—accused in the death of his wife Jyoti Devi—observed: “in the present case, from the statements of witnesses recorded so far, it is revealed that the petitioner was not present at the spot at the time of incident.”
The Court noted that this fact, combined with the legal principle that every accused is presumed innocent until proven guilty, justified reconsideration of his continued detention.
Highlighting the fundamental rights enshrined under Article 21 of the Constitution of India, the Court observed that “the power to grant bail has to be considered in light of the constitutional guarantees… which safeguard the personal liberty of an individual.”
The judgment also emphasized that the approach in bail matters must not be punitive but should focus on whether the presence of the accused can be secured during trial proceedings.
This observation aligns with the consistent stance of the Supreme Court that incarceration before conviction should be avoided unless absolutely necessary, especially when there is no material indicating risk of absconding or influencing witnesses.
The High Court further held that continued detention amounts to pre-trial punishment and undermines the right of an accused to effectively defend themselves.