Excelsior Correspondent
JAMMU, Sept 25: Sub-Judge Ramnagar R K Lalhal today rejected the bail application of Sahil Gupta, a Government teacher, who blackmailed student.
As per police challan, complainant alleged that she had gone to Higher Secondary School Ramnagar for her practical paper and accused called her to his house where he gave some substance in juice as a result of which she became unconscious.
Thereafter accused unclothed her and took some nude photos of complainant. After that, accused started blackmailing her and forced her to get marry with him and when complainant refused to marry with him, accused uploaded her nude photos and videos on Instagram account.
After hearing both the sides, court observed, “no doubt it is settled law that courts while considering the bail application should try to maintain fine balance between the societal interest and personal liberty while adhering to fundamental principles of criminal jurisprudence that accused is presumed to be innocent till found guilty by the competent court”.
“But at the same time society expects responsibility and accountability from the members and it desires that the citizen should obey the law respecting it as a cherished social norm. Therefore, when an individual behaves in a disharmonious manner ushering in disorderly things which the society disapproves, the court has a duty and can’t abandon sacrosanct obligation and pass an order at its own whim caprice”, Sub-Judge said.
“It is also true that sanctity of the liberty is the fulcrum of any civilized society and no one would lie and lore his liberty or barter it for the wealth of the world but liberty is not an absolute. The society by its collective wisdom through process of law can withdraw the liberty that it has sanctioned to an individual when an individual becomes a danger to the collective and to the societal orders”, the court said while rejecting the bail application.
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