RAJ BEER SINGH
Dinesh Yadav – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
1. Rejoinder affidavit filed by learned counsel for the applicant today, is taken on record.
2. Heard learned counsel for the applicant-accused, learned counsel for the first informant and learned A.G.A. for the State and perused the record.
3. The present bail application has been filed by the applicant-accused involved in Case Crime No.71 of 2022, under Sections 376, 452, 506 IPC and section 3/4 POCSO Act, P.S. Revatipur, District Ghazipur with the prayer to enlarge him on bail.
4. It has been argued by learned counsel for the applicant-accused that the applicant-accused is innocent and he has been falsely implicated in this case. Learned counsel submitted that alleged incident has been shown of 05.07.2022 but first information report has been lodged after three days on 08.07.2022. It was submitted that the allegation of victim that applicant-accused has committed rape upon her, is thoroughly false. In medical examination report of victim, no injury has been shown on the body of victim. It is submitted that applicant-accused has been falsely implicated on account of enmity over land dispute. It was further submitted that applicant-accused is languishing in jail since 08.07
Point of law: Applicant-accused is a student and he is languishing in jail, having no criminal history, and that in case the applicant-accused is released on bail, he will not misuse the liberty of b....
Bail is the rule and imprisonment the exception; presumption of innocence must be upheld until guilt is proven.
The court emphasized the seriousness of the allegations and the need for expeditious trial in cases involving offences against children and threats to their safety.
The court's decision to grant bail was based on the consideration of the nature of allegations and the arguments advanced by the parties, without expressing any opinion on the merit of the case.
Bail is a rule and imprisonment is an exception, highlighting the presumption of innocence until proven guilty.
Even slightest penetration of penis into vagina without rupturing the hymen would constitute rape.
Bail is a rule, imprisonment an exception; the right to liberty must be upheld unless substantial grounds justify denial.
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