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SHAMIM AHMED
Salahuddin – Appellant
Versus
State of U. P. Thru Prin. Secy. Home Lucknow – Respondent
JUDGMENT :
1. Heard Hom Narayan Awasthi, learned counsel for the applicant, Shri Vijay Prakash Dwivedi, learned AGA-1 for the State and also perused the material placed on record.
2. By means of the present bail application, the applicant-Salahuddin seeks bail in Case Crime No. 223 of 2021, under Sections 376,504,506 IPC and section 3/4 POCSO Act, 2012, Police Station Risiya, District Baharaich, during the pendency of trial.
3. Learned counsel for the applicant submits that the applicant is aged about 60 years and is suffering from various diseases, who is innocent and has falsely been implicated in the present case due to enmity and village party bandi. No such incident as alleged by the prosecution took place. The entire prosecution has been lodged with intention to defame the image of the applicant and is entire family members in the society.
4. Learned counsel for the applicant further submits that a dispute between the applicant and father of the victim was going on. In this regard, applicant had lodged an FIR against the father of the victim and others under sections 323,504 and 506 IPC. The present FIR has been lodged in retaliation of the said FIR against the applicant and his
Point of Law : Grant of bail considering the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial and also the absence of any convincing materi....
The principle of 'Presumption of Innocence Unless Proven Guilty' supports bail as a rule, emphasizing the right to liberty under Article 21 of the Constitution.
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