SHEKHAR KUMAR YADAV
Arjun Paswan – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
1. Supplementary affidavit filed on behalf of the applicant today in the Court, the same is taken on record.
2. Heard Sri Ajeet Kumar Singh, learned counsel for the applicant, Sri Dharmendra Kumar, Advocate holding brief of Sri Pramod Kumar, learned counsel for the opposite party no.2 and learned A.G.A for the State of U.P. as well as perused the record.
3. The present bail application has been filed on behalf of the applicant in Case Crime No.198 of 2022, under Sections 363, 366-A, 376(3) I.P.C., Section 3/4 POCSO Act, Police Station-Dubhar, District-Ballia with the prayer to enlarge him on bail.
4. As per allegation, on 27.12.2022, the minor daughter of informant aged about 15 years did not return at home from her school and on being searched, the informant came to know that the applicant enticed away his minor daughter.
5. The submission of learned counsel for the applicant is that the applicant is innocent person and has been falsely implicated in the case. As per the high school certificate, date of birth of the victim is 5.8.2006 and on the date of incident, the victim was more than 16 years of age. He submitted that the incident took place on 27.12.2022 where FIR was l
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.
A prima facie satisfaction for bail is sufficient, emphasizing that consent and absence of criminal antecedents can influence the decision without prejudicing the trial.
Bail is a rule, imprisonment an exception; the right to liberty must be upheld unless substantial grounds justify denial.
The presumption of innocence and the right to liberty under Article 21 necessitate granting bail unless compelling reasons exist to deny it.
Bail is a rule and imprisonment is an exception; the presumption of innocence must be upheld until proven guilty.
Bail is a rule, not a punishment; presumption of innocence must be upheld unless guilt is proven beyond a reasonable doubt.
The court emphasized that a prima facie case for bail does not require exhaustive examination of merits, allowing for a margin of error in age assessment based on ossification tests.
The presumption of innocence is paramount in bail applications, reinforcing that bail is a rule and imprisonment is an exception.
Bail may be granted when there are contradictions in victim statements and no criminal history, ensuring conditions to prevent tampering with evidence.
The principle of 'Presumption of Innocence Unless Proven Guilty' underpins the right to bail, and the burden lies on the prosecution to demonstrate exceptional circumstances warranting denial of bail....
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