Srinagar Court rules out that bail cannot be denied on severity of offences

Srinagar: ‘Bail cannot be denied on sole ground of the severity of offences,’ Srinagar court held while admitting a person namely Aurangzeb Riyaz to bail who is accused of stabbing and injuring victim Rasik Riyaz on the outskirts of the city last month.

The accused was arrested on 17 June last month and lodged in Central Jail, Srinagar 

for the commission of offence under Sections 109, 126(2) BNS which deals with attempt to murder and wrongful restraint.

Justice Dinesh Gupta while going through the details of the case noted that the severity of the offence is not the sole ground for denial of bail when the investigation of the case has been completed and the challan is to be presented before court.

He recorded that section 483 of the Bharatiya Nyaya Sanhita (BNS) deals with the powers of the High Court or the Sessions Courts for grant of bail.

Justice Gupta while giving reference to Supreme Court directives in case titled Sansar Chand VS State of Himachal Pradesh – Himachal Pradesh (2023). It is held that, “The gravity of the offense alone is insufficient to deny bail. Courts must balance competing factors, including the likelihood of the accused absconding, the nature of the charges, and the potential impact on the trial”

He also referenced in Assad Ullah Khan VS State – J&K (1979), where it was held that, the seriousness of the offense is a consideration, but it should not overshadow other relevant factors.

Justice Gupta said that in the back drop of aforesaid discussion, it becomes clear that accused was initially arrested on 17 June 2025 and thereafter send to Judicial Custody, Injured in the case is discharged from the Hospital after medical treatment and investigation is almost complete.

“Hence, in the light of settle preposition of Law, nature of accusation against the accused, accused is admitted to bail, subject to condition that accused shall furnish bail and personal bonds to the tune of Rs. 50,000/- each”.

“with further condition that he will not commit the similar offence in future, assist the Investigating officer in investigation and after production of challan shall remain present during the trial of challan, shall not tempered with the prosecution witnesses and shall not leave the territorial jurisdiction of Kashmir Province without prior permission of the trial Court,” Justice Gupta directed.