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KRISHAN PAHAL
Ramshankar – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record.
2. Applicant seeks bail in Case Crime No.193 of 2019, under Sections 363, 366, 504, 506, 376 IPC & Sections 3/4 of P.O.C.S.O. Act, Police Station Mitauli, District Lakhimpur Kheri, during the pendency of trial.
3. The counsel for the victim is regularly absent since last so many dates. The hearing cannot be stalled on account of non cooperation of one counsel.
4. As per prosecution story, the applicant is stated to have enticed away the minor daughter of the informant in the night of 16/17.05.2018 at about 2:00 am. As per the allegations in the FIR, the date of birth of the victim is stated to be 13.11.2004 and the applicant is stated to have left her alone outside the village on 12.12.2018 i.e. after a period of about six months. The victim was found pregnant at that time and is stated to have given birth to a female child on 31.12.2018.
5. Learned counsel for the applicant has stated that he was madly love with the victim and out of fear of the villagers had eloped with the victim and had undergone marriage in a temple although the said marriage is not registe
The court emphasized the need for a pragmatic approach and the protection of the victim and the infant in exceptional circumstances, considering the larger mandate of Article 21 of the Constitution o....
The judgment establishes that in cases involving consensual relationships among adolescents, particularly under the POCSO Act, courts must carefully evaluate the context and the victim's autonomy whi....
The willingness of the victim in the marriage and the impact of the petitioner's custody on the victim and their children were crucial in the court's decision to grant bail.
Pre-trial incarceration is not rule.
The court emphasizes the principle of presumption of innocence and the consideration of familial stability in granting bail, particularly when the victim has consented to marriage with the accused.
The court held that despite serious charges, bail was granted based on the victim’s marriage to the accused and their family circumstances, emphasizing the presumption of innocence and the importance....
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.
Bail – Courts have favoured release of young offenders on bail pending trial so that regressive influences of jail environment can be avoided and keeping in mind principle of best interest.
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