IMPORTANT POINT
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.

JUDGMENT :

(Hon'ble Krishan Pahal, J.)

1. As informed by learned AGA, notice to the informant has been served on 11.07.2024 but none is present on behalf of the informant.

2. Heard Sri Santosh Kumar Shukla, learned counsel for the applicant and Sri Rajendra Prasad Singh, learned A.G.A. for the State and perused the material available on record.

3. Applicant seeks bail in Case Crime No. 513 of 2023, under Sections 363, 366, 376 of I.P.C. and Sections 3/4 of POCSO Act, Police Station -Narkhi, District -Firozabad, during the pendency of trial.

PROSECUTION STORY:

4. The applicant and one Deepak are stated to have enticed away the minor daughter of the informant on 05.11.2023 at about 01:00 PM.

ARGUMENTS ON BEHALF OF APPLICANT:

5. The applicant has been falsely implicated in the present case due to ulterior motive. He has nothing to do with the said offence as alleged in the FIR.

6. The victim has categorically denied the fact that she knows the applicant, as such, the applicant is entitled for bail.

7. The applicant has no previous criminal history except one case which has been instituted by the same informant against him as FIR No.196 of 2024 subsequent to the instant case.

8. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length.

9. The applicant is languishing in jail since 05.06.2024, having no criminal history to his credit, deserves to be released on bail. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial.

ARGUMENTS ON BEHALF OF STATE:

10. The bail application has been opposed but the submissions raised by the learned counsel for the applicant could not be disputed and also the fact that the applicant has no previous criminal history.

CONCLUSION:

11. The well-known principle of "Presumption of Innocence Unless Proven Guilty," gives rise to the concept of bail as a rule and imprisonment as an exception. A person's right to life and liberty, guaranteed by Article 21 of the Indian Constitution, cannot be taken away simply because the person is accused of committing an offence until the guilt is established beyond a reasonable doubt. Article 21 of the Indian Constitution states that no one's life or personal liberty may be taken away unless the procedure established by law is followed, and the procedure must be just and reasonable. The said principle has been reiterated by the Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation and Ors., 2022 (10) SCC 51. Learned AGA could not bring forth any exceptional circumstances which would warrant denial of bail to the applicant.

12. It is settled principle of law that the object of bail is to secure the attendance of the accused at the trial. No material particulars or circumstances suggestive of the applicant fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses and the like have been shown by learned AGA.

13. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, pending trial and considering the complicity of accused, severity of punishment, at this stage, without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

14. Let the applicant-Puttan@ Sunder Singh, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

(i) The applicant shall not tamper with evidence.

(ii) The applicant shall remain present, in person