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KRISHAN PAHAL
Satish Alias Chand – Appellant
Versus
State of Uttar Pradesh – Respondent
JUDGMENT :
KRISHAN PAHAL, J.
1. List has been revised.
2. Learned A.G.A. has informed that notice to the informant has been served on 10.5.2024.
3. Heard Sri Manvendra Kumar, learned counsel for the applicant and Sri Pranshu Kumar, learned A.G.A. for the State and perused the record.
4. Applicant seeks bail in Case Crime No. 205 of 2023, under Sections 363, 366, 376 I.P.C. and 5(J)2/6 POCSO Act, Police Station-Barahaj, District- Deoria, during the pendency of trial.
PROSECUTION STORY:
5. As per prosecution story, the applicant is stated to have enticed away the minor daughter of the informant on 13.6.2023 at about 04:00 p.m.
RIVAL CONTENTIONS:
(Arguments on behalf of applicant)
6. Learned counsel for the applicant has stated that the applicant is absolutely innocent and has been falsely implicated in the present case. The FIR is delayed by about four days and there is no proper explanation of the said delay caused. The victim is a consenting party which is but evident from her statement recorded under Section 164 Cr.P.C. and as per her own statement she was 18 years old.
7. It is further argued that the victim did not raise any alarm during the said sojourn to Deoria and thereupon to Surat, G
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....
Bail is a rule, imprisonment an exception; the right to liberty must be upheld unless substantial grounds justify denial.
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.
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.
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 court emphasized the presumption of innocence and the principle that bail is a rule, while imprisonment is an exception, requiring substantial evidence for denial.
The age of consent is irrelevant in bail decisions under the POCSO Act; factors such as the nature of the offence and the accused's behavior must guide discretion.
A prima facie satisfaction for bail is sufficient, emphasizing that consent and absence of criminal antecedents can influence the decision without prejudicing the trial.
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